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2006-07-20 Regular MeetingJuly 20, 2006 — 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Term Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Term Expires 2008 Mr. Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS A. Employee of the Quarte r Award B. Longevity Awards 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS A. AADC UPDATE - Range Control Officer M ike Maurer 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) T9N -free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 Q (1IW Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. B. Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of 19 �Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 - ,i'( w 7 /.20, 17.22, and 17.57 for Transient Accommodations. 10. BOROUGH MANAGER'S REPORT Kodiak Island Borough Assembly Agenda July 20, 2006 Page 1 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINJSHED BUSINESS 13. NEW BUSINESS A. CONTRACTS C. ORDINANCES FOR INTRODUCTION - None Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. 1. Contract No. 2007 -06 Providence Kodiak Island Counseling Center for Counseling Services to the KIB School District for School Year 2006 -2007. SOLUTIONS 1. Resolution No. FY2007 -05 Approving Fiscal Year 2006 Kodiak Island Borough Non - Profit Funding. D. OTHER ITEMS 1. Waiving of the Claimant's Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed for a Disabled Vete ran for Tax Year 2005 (Mr. Aaron Walton.) 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 800 -478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Borough Manager's Evaluation. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular M eeting of May 17, 2006. B. REPORTS 1. Kodiak Island Borough June 2006 Financial Report. 2. Kodiak Island Borough School District Board of Education Regular Meeting Summary of June 19, 2006 and Special Meeting Summary of June 29, 2006. Agenda Items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting out the Assembly Chambers. Kodiak Island Borough Assembly Agenda July 20, 2006 Page 2 ■ r_ _. .. .. 1 ....a auc 622' " mot = - S N °y n Nat) 1 or►7�. 00 t NOQV of vie, A ..... s 7 -r .. 1 a 5p N $ ro f- ,4h4 � ivtCraa 4� f e�C�y - C4 \e— o hs &A _ gi /4(6 jr_ ,LLIArA 11 -A,0 / ZaV 1 ve. 1 ; I! I M C4t r eCle nifi l Se N) CO Ns114rd7+ ? 1 19 KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: Please print you me na 0 t o 'sysi Aa f si�I I stollcbIS I swim M s e t 'ZI S Pid a G ; O = cn z Ea -I. 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Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 8. COMMITTEE REPORTS A. AADC UPDATE - Range Control Officer Mike Maurer Assembly Guidelines July 20, 2006 Page 1 Kodiak Island Borough 9. PUBLIC HEARING — Limited to five minutes per speaker. A. Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. Recommended motion: Move to adopt Ordinance No. FY2007 -02 Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 Comments are limited to five minutes per speaker. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Close public hearing. Assembly discussion — amendments may be offered at this time. ROLL CALL VOTE ON MOTION B. Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15- 17.20, 17.22, and 17.57 for Transient Accommodations. ' Recommended motion: Move to adopt Ordinance No. FY2007 -03 (Clerk's note: The motion needs to remain in positive term, Manager will report on the staff recommendation regarding failing the ordinance.) Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. Close public hearing. Assembly discussion - amendments may be offered at this time. ROLL CALL VOTE ON MOTION 10. BOROUGH MANAGER'S REPORT — Manager Gifford 11. MESSAGES FROM THE BOROUGH MAYOR - Mayor Selby Kodiak Island Borough Assembly Guidelines July 20, 2006 Page 2 12. UNFINISHED BUSINESS Resolution No. FY2007- 01AUthorizing ; the, Paying of Roads in the Woodland Acres Paving Assessment District. The motion that is before the Assembly from the last meeting is to: Adopt Resolution No. FY2007 -01. Staff Report — Manager Gifford Assembly discussion — amendments may be offered at this time. (Clerk's Note: Guidelines on how to amend is attached on yellow paper.) ROLL CALL VOTE ON MOTION 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -06 Providence Kodiak Island Counseling Center for Counseling Services to the KIB School' District for School Year 2006 -2007. Recommended Action: Move to award Contract No. 2007- 06 with Providence Kodiak Island Counseling Center for school year 2006 -2007 in an amount not to exceed $381,350. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION B. RESOLUTIONS 1. Resolution No. FY2007 -05 Approving Fiscal Year 2006 Kodiak Island Borough Non - Profit Funding. Recommended motion: Move to adopt Resolution No FY2007 -05. (Clerk's Note: Attached is the revised spreadsheet based on Assembly discussion at the last work session. This spreadsheet is attached to the Resolution and is available t� the public.) Staff Report— Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION C. ORDINANCES FOR INTRODUCTION - None Kodiak Island Borough Assembly Guidelines July 20, 2006 Page 3 D. OTHER ITEMS 1. Waiving of the Claimant's Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed for a Disabled Veteran for Tax Year 2005 (Mr. Aaron Walton.) Recommended Motion: Move to waive the Claimant's Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed for a Disabled Veteran for Tax Year 2005 (Mr. Aaron Walton.) (Clerk's Note: Attached on green paper is information regarding the requested amount for the exemption.) Staff Report — Manager Gifford. ROLL CALL VOTE ON MOTION 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. Read phone numbers: Local: 486 -3231 Toll Free: 1- 800 - 478 -5736 ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 15. ASSEMBLYMEMBER COMMENTS ANNOUNCEMENTS — Mayor Selby The Assembly will meet in a work session on Thursday, July 27, at 7:30 p.m. in the Borough Conference Room and a regular meeting on Thursday, August 3, 2006 at 7:30 p.m. in the Assembly Chambers. 16. EXECUTIVE SESSION (Clerk's Note: Discussion should be limited to the subject stated in the motion to hold the executive session. Tans. Gordon. (2005.) Open Meetings in Alaska, 11.) A. Borough Manager's Evaluation. Recommended motion: Move to convene into executive session to discuss the Borough Managers performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE Please invite all Assemblymembers, the Mayor, and the Manager to participate. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 4 Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 6, 2006 Page 5 FY 2007 NON - PROFIT FUNDING BUDGET DETAIL Organization 2004 ACTUAL FUNDING 2005 ACTUAL FUNDING 2006 BUDGETED FUNDING FY07 NON- PROFIT REQUEST Proposed FY07 FY07 ASSEMBLY ASSEMBLY FUNDING FUNDING HEALTH 8 SOCIAL SERVICES - Budget $ 229,880 $ 229,880 1 American Red Cross $2,500 $2,500 $2,500 $3,500 7,000 2 Brother Francis Shelter 34,584 34,584 37,895 40,000 38,000 3 Hope Community Resources 5,000 5,000 5,000 5,000 5,000 4 Kodiak Area Transit System 10,000 9,996 10,000 10,000 10,000 5 Kodiak Baptist Mission -FOOD BANK 30,000 25,000 25,000 32,500 25,000 Kodiak Council on Alcoholism-SAFE HARBOR 22,110 22,110 0 0 0 6 Providence Kodiak Island Counseling Center/ SAFE HARBOR 21,060 21,060 21,060 7 Kodiak Island Health Care Foundation - CLINIC 0 0 25,000 50,000 10,000 8 Kodiak Women's Resource & Crisis Center 41,248 41,248 42,554 46,009 46,000 9 Salvation Army 9,060 9,060 9,060 11,000 9,060 10 Senior Citizens of Kodiak 27,720 27,720 27,720 28,000 28,000 11 Special Olympics 7,000 6,780 6,780 7,000 7,500 12 Threshold Services 10,315 10,315 10,315 10,315 10,315 HEALTH & SOCIAL SERVICES SUBTOTAL $199,537 $194,313 $ 222,884 $ 264,384 $ 216,935 $ - Amount Available - Health and Social Services $ 12,945 $ 229,880 EDUCATION, CULTURE 8 RECREATION - Total Budgeted $ 155,220 $ 155,220 13 KANA WIC & ILP (FAMILY CENTER) $ 12,000 $ 7,200 $ 12,000 $ 12,000 12,000 KIB LIBRARIES 21,000 18,000 21,000 21,000 21,000 20 IKMXT Public Radio I 7,500 7,500 I 7,500 I 7,500 7,500 21 Kodiak Arts Council 15,000 12,000 15,000 15,000 15,000 Kodiak College Approved 60,000 60,000 72,000 60,000 60,000 60,000 Kodiak College - Additional 12,000 12,000 22 Kodiak Football League 5,000 2,000 3,000 3,000 3,000 23 Kodiak Girl Scouts 2,050 1,000 1,000 1,200 1,000 24 Kodiak Head Start 8,135 8,135 9,623 9,000 9,000 25 Kodiak Island Sportsman's Association 5,400 2,000 4,000 5,400 4,000 26 Kodiak Little League 5,600 3,000 3,000 7,500 3,000 27 Kodiak Historical Society- BARANOF MUSEUM 4,500 4,500 4,500 I 6,000 4,500 28 Kodiak Maritime Museum 2,000 1,000 5,000 1,000 29 Kodiak Teen Court 8,705 0 3,600 3,600 5,100 Kodiak Youth Services 7,500 0 0 0 0 St. Mary's School 1,097 0 0 0 0 EDUCATION, CULTURE & RECREATION SUBTOTA $163,487 $127,335 $ 157,223 $ 168,200 $ 158,100 $ 60,000 Amount Available - Education, Culture , and Recreation $ (2,880) $ 95,220 Total Budget $363,024 $321,648 $ 380,107 $ 432,584 $ 385,100 $ 385,100 Total Contributions budgeted $ 375,035 $ 60,000 Total Amount Available $ 10,065 $ 325,100 July 20, 2006 — 7:30 p.m. Mr. Jerome Selby Borough Mayor Term Expires 2007 Mr. Tom Abell Deputy Presiding Officer Assembly Member Tenn Expires 2008 Ms. Pat Branson Assembly Member Term Expires 2007 Ms. Sue Jeffrey Assembly Member Term Expires 2008 Mr. Reed Oswalt Assembly Member Term Expires 2008 Mr. Cecil Ranney Assembly Member Term Expires 2006 Mr. Mel Stephens Assembly Member Term Expires 2006 Ms. Barbara Williams Assembly Member Term Expires 2007 Mr. Rick Gifford Borough Manager Ms. Nova Javier, CMC Borough Clerk Kodiak Island Borough 710 Mill Bay Road 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES — None. 6. AWARDS AND PRESENTATIONS Regular Meeting Assembly Chambers Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 8. A. Employee of the Quarter Award B. Longevity Awards DRAFT 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. Agenda Items Not Schedule for Public Hearing and General Comments. 8. COMMITTEE REPORTS 9. PUBLIC HEARING (Limited to Five Minutes per Speaker) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 A. Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. B. Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15- 17.20, 17.22, and 17.57 for Transient Accommodations. 10. BOROUGH MANAGER'S REPORT Kodiak Island Borough Assembly Agenda July 20, 2006 Page 1 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Resolution No. FY2007 -01 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. 13. NEW BUSINESS A. CONTRACTS 1. Contract No. 2007 -06 Providence Kodiak Island Counseling Center for Counseling Services to the KIB School District for School Year 2006 -2007. B. RESOLUTIONS 1. Resolution No. FY2007 -05 Approving Fiscal Year 2006 Kodiak Island Borough Non - Profit Funding. C. ORDINANCES FOR INTRODUCTION - None D. OTHER ITEMS 1. Waiving of the Claimants Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed for a Disabled Veteran for Tax Year 2005 (Mr. Aaron Walton.) 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker.) Toll Free Phone Number 1- 800 - 478 -5736 Local Phone Number 486 -3231 15. ASSEMBLYMEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Borough Manager's Evaluation. 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS (No Action Required) A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Regular Meeting of May 17, 2006. B. REPORTS 1. Kodiak Island Borough June 2006 Financial Report. 2. Kodiak Island Borough School District Board of Education Regular Meeting Summary of June 19, 2006 and Special Meeting Summary of June 29, 2006. Agenda Items are available at the Borough Clerk's Office, 710 Mill Bay Road, or just prior to the meeting out the Assembly Chambers. Kodiak Island Borough Assembly Agenda July 20, 2006 Page 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 20, 2006 Item No. 9.A Ordinance No. FY2007 -02 Determining the Sale at Fair Market Value of a Tax Foreclosed Property to Federal Government. The United States Fish and Wildlife Service (USFWS) has expressed an interest in purchasing parcel T30S R28W TL 1804 Zachar Bay at fair market value from the borough and the assembly removed it from the land sale held on October 22, 2005 per resolution FY2006 -06A. KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough. The assessor has reviewed all pertinent information submitted to the Manager from USFWS and has determined the offer of $20,000 is at fair market value. APPROVAL FOR AGENDA: re= Recommended motion: Move to adopt Ordinance No. FY2007 -02. AN ORDINANCE OF THE KODIAK ISLAND BOROUGH DETERMINING THE SALE AT FAIR MARKET VALUE OF A TAX FORECLOSED PROPERTY TO FEDERAL GOVERNMENT WHEREAS, certain real property has been deeded to the Borough through tax foreclosure proceedings pursuant to AS 29.45.290 for delinquent payment of taxes for 2001 and previous years; and WHEREAS, the United States Fish and Wildlife Service (USFWS) has expressed an interest in purchasing parcel T3OS R28W TL 1804 Zachar Bay at fair market value from the borough and the assembly removed it from the land sale held on October 22, 2005 per resolution FY2006 -06A; and WHEREAS, KIBC 18.20.100 (B) Disposal for fair market value allows the assembly and its agents to directly negotiate with the United States, the state of Alaska, or any political subdivision thereof upon a finding by the assembly that the disposal will allow the use of the land for a public purpose beneficial to the borough; and WHEREAS, the property was once part of the Kodiak National Wildlife Refuge (KNWR) and the reacquisition by USFWS will promote efficient management for public recreation and refuge for wildlife is consistent with the goals and objectives of the comprehensive plan; and WHEREAS, the assessor has reviewed all pertinent information submitted to the Manager from USFWS and has determined the offer of $20,000 is at fair market value and his findings and supporting documents are available in the clerk's office for review; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general application and shall not be codified. Section 2: The assembly is approving and directing the manager to complete the sale of former Refuge property to USFWS for fair market value as stated in attached offer letter. The proceeds of any sale shall be distributed in the same manner as the proceeds of a tax sale under AS 29.45.480 (B). ATTEST: Jerome M. Selby, Borough Mayor Nova Javier, Borough Clerk KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -02 Introduced by: Manager Gifford Requested by: Finance Department Drafted by: Finance Department Introduced: 07/06/2006 Public Hearing: 07/20/2006 Adopted: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Ordinance No. FY2007 -02 Page of 1 Memo To: Karl Short From: Tom Anderson CC: Cassandra Juenger Date: 5/24/2006 Re: FWS land purchase • Page 1 Assessing Department Kodiak Island Borough I've made a detailed review of the appraisal report covering the Carlsen Point property that FWS wants to purchase from the Borough. The appraisal is based upon good comparable sales and the analysis is sound. I take no exception to the value conclusion at $20,000 for the Borough's property. f S 3 tZ FoOv) pu.ku, Lut fAS `yksL— eiuda offiu, \IFIA v o-uuk Wu, a ccly IN REPLY REFER TO RE /6475.SL Mr. Rick L. Gifford Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Dear Mr. Gifford: United States Department of the Interior FISH AND WILDLIFE SERVICE 1011 E. Tudor Rd. Anchorage, Alaska 99503-6199 JUN 1 4 2006 Alaska Kodiak NWR Tract No. 61v (Formerly Tract #183) Kodiak Island Borough The U.S. Fish and Wildlife Service hereby offers the Kodiak Island Borough $20,000.00 TOTAL for the fee simple interest in the Kodiak Island Borough's property described by the Borough as property number R53 0280 1 804, Tax Lot 1804, Zachar Bay. The property is more particularly described as being located in FRACTIONAL S %zS'ASE3/4SE1/4NE1/4 and NE' /4NE''hSE'% OF PROTRACTED SECTION 18, TOWNSHIP 30 SOUTH, RANGE 28 WEST, SEWARD MERIDIAN, located in the Kodiak Recording District, Third Judicial District, State of Alaska, comprised of approximately 10 acres, more or less. EXCEPTING THEREFROM the subsurface estate, and all rights, privileged, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). As certified in the enclosed Statement of Just Compensation, this offer is not less than the fair market value of your property as established by an approved appraisal. The approved appraised value of the property is $20,000.00 TOTAL. Enclosed is an Agreement for the Purchase of Lands for your review and signature. If you find this Agreement acceptable, please sign your name as typed and have your signature notarized. Also enclosed is a draft deed for your review. We will also require a resolution from the Kodiak Island Borough indicating the Borough's approval of the sale and also providing the name and title of the person authorized to sign on behalf of the Borough. .plECEIVE JUN 1 4 2006 KIB MANAGER Mr. Rick L. Gifford 2 Thank you for considering our offer. If you have any questions, please contact Susan LaKomski, Realty Specialist, at 1- 888 - 697 -9826 or (907) 786 -3566. Enclosures Sincerely, cc: Refuge Manager, Kodiak Island NWR (w /o enclosures) 24on ', Sharon N. Janis Chief, Division of Realty 2 STATEMENT OF JUST COMPENSATION In compliance with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91 -646, an estimate of just compensation has been made as to fee title interest in your real property located in the Kodiak Island Borough, State of Alaska, and more particularly described as follows: FRACTIONAL S %2S %ZSE1/4SE1/4NE1/4 and NE1/4NE' /4SE1/2 OF PROTRACTED SECTION 18, TOWNSHIP 30 SOUTH, RANGE 28 WEST, SEWARD MERIDIAN, located in the Kodiak Recording District, Third Judicial District, State of Alaska, comprised of approximately 10 acres, more or less. EXCEPTING THEREFROM the subsurface estate, and all rights, privileged, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). The estimate of fair market value of the real property described above is based on an approved appraisal which considered current land sales and other indicators of land value in the vicinity of your property. I certify that the total just compensation is not less than the approved appraisal of your property and is estimated to be: Value of land and improvements being acquired Total estimated just compensation Any decrease or increase in the fair market value of the real property prior to the date of valuation caused by the public improvement or project for which the property is to be acquired, or by the likelihood that the property is to be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner, has been disregarded by the Service in making the determination of just compensation. The fair market value estimate of the real property described above includes all buildings and other improvements except those specifically listed below: Exceptions: None. pt $20,000.00 $20,000.00 Date Chief, Divisio ealty Form 3 -1769C (July 1979) WITNESSETH; UNITED STATES DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE AGREEMENT FOR THE PURCHASE OF LANDS Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 1 of 6 Kodiak Island Borough Alaska, Kodiak NWR Tract # 61v (formerly Tract #183) Kodiak Island Borough THIS AGREEMENT, made and 'entered into this day of 20 , by and between hereinafter styled the vendor, for itself, its heirs, executors, administrators, successors, and assigns, and the UNITED STATES OF AMERICA acting by and through the Secretary of the Interior or his authorized representative, 1. In consideration of One Dollar ($1.00) in hand paid by the United States, the receipt of which is hereby acknowledged, the vendor agrees to sell to the United States certain lands upon the terms and conditions hereinafter set forth, and for the price of $20,000.00 TOTAL for all of the lands and other interests, which lands shall include all tenements, hereditaments, together with all water and other rights, easements, and appurtenances thereunto belonging, owned by it, situate and lying and being in the State of Alaska, and more particularly described as follows: Kodiak Island Borough Property I.D. R5302801804 (Dennis Carlsen); as acquired by Clerk's Deed dated June 3, 2003, recorded as 2003 - 001926 -0, Kodiak Recording District. FRACTIONAL S 'AS'ASEV4SEANE1/4 and NEYNE'hSE1/4 OF PROTRACTED SECTION 18, TOWNSHIP 30 SOUTH, RANGE 28 WEST, SEWARD MERIDIAN, located in the Kodiak Recording District, Third Judicial District, State of Alaska, containing approximately 10 acres, more or. less. Excepting therefrom the subsurface estate, and all rights, privileged, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794; 43 U.S.C. 1601, 1613 (f) (1976)). 2. The vendor agrees that it has full right, power, and authority to convey, and that it will convey to the United States the fee simple title thereto clear, free, and unencumbered, except subject to the following easements or reservations: Platted easements, rights, and reservations of the United States, the State of Alaska, and third persons, if any, as provided by the survey plat or otherwise of record. 3. The vendor further agrees not to do, or suffer others to do, any act by which the value or title to said lands may be diminished or encumbered. It is further agreed that any loss or damage occurring prior to the vesting of satisfactory title in the United States of America by reason of the unauthorized cutting or removal of products therefrom, or because of fire, shall be borne by the vendor; and that, in the event any such loss or damage occurs, the United States may refuse, without liability, to accept conveyance of said lands, or it may elect to accept conveyance upon an equitable adjustment of the purchase price. 4. The vendor further agrees that during the period covered by this instrument officers and accredited agents of the United States shall have at all proper times the unrestricted right and privilege to enter upon said lands for all proper and lawful purposes, including examination of said lands and the resources upon them. 5. The vendor will execute and deliver upon demand of the proper officials and agents of the United States, and without payment or the tender of the purchase price, a good and sufficient special warranty deed conveying to the United States a safe title to the said lands of such character as to be satisfactory to the Attorney General of the United States, and said deed shall provide that the use, occupation, and operation of the rights -of -way, easements, and reservations retained therein, shall be subordinate to and subject to such rules and regulations as may be prescribed by the Secretary of the Interior goveming the use, occupation, protection, and administration of areas under and in compliance with the Act of October 15, 1966 (80 Stat. 926), as amended. 6. In consideration whereof, the United States of America agrees that it will purchase all of the said lands and other interests at the price of $20,000.00 TOTAL, the acreage to be ascertained by a survey to be made at the option and expense of the United States after reasonable notice to the vendors, and according to standard methods and procedures, or by recourse to the records of the Bureau of Land management, or by both; and it further agrees that, after the preparation, execution, delivery, and recordation of the deed at no cost to the vendor, and after the Attorney General shall have approved the title based upon the blanket waiver issued on September 25, 2000 by Lewis M. Baylor, U.S. Department of Justice, to accept conveyances of land by special warranty deed from Kodiak Island Borough, subject to certain conditions, thus Agreement for Purchase of Lands Tract #6 lv (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 2 of 6 vested in the United States, it will cause to be paid to the vendor the purchase price by a United States Treasury check. The expenses of the vendor for recording fees, revenue stamps, transfer taxes, and similar expenses incidental to the conveyance of the property; and any amount paid as a penalty cost for prepayment of any pre- existing recorded mortgage entered into in good faith, encumbering such real property; as well as the pro rata share of prepaid real property taxes allocable to the period subsequent to the vesting of title in the United States, or the effective date of possession of such real property by the same, whichever is earlier; shall be subject to reimbursement as provided in Section 303 of the Act of January 2, 1971, 84 Stat. 1899. Full possession and use of the premises shall pass to the United States as of the date payment is made to the vendor subject only to the reservations stated in section 2 above. 7. It is understood and agreed that if the Secretary of the Interior determines that the title to said lands or any part thereof should be acquired by the United States by judicial proceedings, either to procure a safe title or, when it is in the public interest, to take immediate possession, or for any other reason, then the compensation to be claimed by the owner and the award to be made for said lands in said proceedings shall be upon the basis of the purchase price herein provided. 8. It is mutually agreed that an abstract, certificate of title, or other evidence of title to the property herein contracted to be sold, satisfactory to the Attorney General, will be obtained by the United,States at its expense. 9. It is mutually understood and agreed that this contract shall not be assigned in whole or in part without the consent in writing of the United States. 10. It is further mutually agreed that no Member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or agreement, or to any benefit to arise thereupon. Nothing, however, herein contained shall be construed to extend to any incorporated company, where such contract or agreement is made for the general benefit of such incorporation or company. 11. It shall be the obligation of the vendor to pay all taxes and assessments outstanding as liens at the date title vests of record in the United States, whether or not such taxes and assessments are then due and payable. 12. Vendor acknowledges the need for a contaminant survey by the United States and agrees that such survey can be conducted at the expense of the United States. 13. It is mutually understood and agreed that notice of acceptance of this agreement shall be given to the vendor by certified mail addressed to: Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller; Kodiak island Borough 3 of 6 and shall be effective upon date of mailing and shall be binding upon the vendor, except as such obligation may be affected by the provisions of paragraph 6 hereof. IN WITNESS WHEREOF, the vendors have hereunto signed their names and affixed their respective seals on the day first above written, with the understanding that this Agreement for Purchase cannot be executed by the Secretary of the Interior or his authorized representative until after it is reported to him for his consideration, and therefore the vendor for and in consideration of the $1.00 hereinabove acknowledged as received, has and does hereby grant unto the United States of America by and through the Secretary of the Interior or his authorized representative, or any other officer or agency of the United States authorized to purchase said lands, the option and right to enter into this Agreement for Purchase within 120 days from the execution thereof by the vendor, and to purchase said lands as herein provided. This Agreement is contingent on the approval of funds. Kodiak Island Borough STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Rick L. Gifford, Borough Manager, to me known and known to be the person he represented himself to be, and the same identical person who executed the above and foregoing instrument on behalf of Kodiak Island Borough, and who acknowledged to me that he has full power and authority to and did execute the above and foregoing as a free and voluntary act and deed of said corporation for the uses and purposes therein mentioned. Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 4 of 6 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 ACKNOWLEDGMENT ) ss: By: Rick L. Gifford Borough Manager Kodiak Island Borough IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first written above. Notary Public in and for Alaska (SEAL) My commission expires: Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 5 of 6 ACCEPTANCE The Secretary of the Interior, acting by and through his authorized representative has executed this agreement on behalf of the United States of America on this day of 20 . STATE OF ALASKA ) ) ss: THIRD JUDICIAL DISTRICT Agreement for Purchase of Lands Tract #61v (formerly Tract #183), Kodiak NWR Seller: Kodiak Island Borough 6 of 6 THE UNITED STATES OF AMERICA By Chief, Division of Realty U.S. Fish and Wildlife Service Region 7 ACKNOWLEDGMENT THIS IS TO CERTIFY that on the day of , 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared , who declared to me that is the , U.S. Fish and Wildlife Service, Region 7, who is known to me to be the person who executed the within instrument on behalf of the agency herein named, and who acknowledged to me that the same was signed as a free act and deed of the agency for the uses and purposes therein stated pursuant to the laws and regulations of the United States. WITNESS my hand and notarial seal the day and year first above written in this certificate. Notary Public in and for Alaska (SEAL) My commission expires: THIS DEED, made and entered into this day of , 20 , by and between the Kodiak Island Borough, an Alaska municipal corporation, 710 Mill Bay Road, Kodiak, Alaska, 99615, GRANTOR, and the UNITED STATES OF AMERICA and its assigns, acting through the U.S. Fish and Wildlife Service, Division of Realty, 1011 E. Tudor Road, Anchorage, Alaska 99503 -6199, GRANTEE, under the authority of Section 1302 of the Act of December 2, 1980, Alaska National Interest Lands Conservation Act, P.L. 96 -487, 16 U.S.C. § 3192. WITNESSETH, that the GRANTOR, for and in consideration of the sum of Twenty Thousand Dollars ($20,000.00) to it in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, does by these presents grant and convey all of the GRANTOR's right, title and interest, with the special warranties of title noted herein, unto the GRANTEE and its assigns, forever, all of the surface estate of that tract or parcel of land lying and being in the State of Alaska, being more particularly described as follows: Kodiak Island Borough Property I.D. R5302801804 (Carlson, Dennis); as acquired by Clerk's Deed dated June 3, 2003, recorded as serial number 2003- 001926-0, Kodiak Recording District (RPMIS Tract 61v). Fractional S%S''ASE'/4SE' and NEYNE' /4SE1/4 of Protracted Section 18, Township 30 South, Range 28 West, Seward Meridian, located in the Kodiak Recording District, Third Judicial District, State of Alaska. EXCEPTING THEREFROM the subsurface estate, and all rights, privileged, immunities and appurtenances, of whatsoever nature, accruing unto said estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 (85 Stat. 688, 794;43 U.S.C. 1601, 1613 (f) (1976)). TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the GRANTEE and its assigns, FOREVER. Special Warranty Deed Tract No. 6lv (formerly 183) Kodiak NWR Grantor: Kodiak Island Borough Page 1 of4 SPECIAL WARRANTY DEED SUBJECT, however, to the conditions, restrictions and limitations noted herein as well as easements, rights, and reservations of the United States, and third parties, if any. (1) Easements, restrictions, reservations, limitations, encumbrances, requirements, terms and conditions imposed by the Alaska Native Claims Settlement Act or the Alaska National Interest Lands Conservation Act. (2) Any adverse claim of right, title or interest created or conveyed by the Secretary of the Department of the Interior, including any application to such claim or right, title or interest which is pending before the Secretary of the Department of the Interior, pursuant to his power and authority under Section 14(d), (a), (f) and (h) of the Alaska Native Claims Settlement Act of December 18, 1971, including the amendments thereto, 43 U.S.C. Sec. 1601, 1613(d), (e), (f), and (h). (3) Rights of the public and/or governmental bodies in and to any portion lying below the mean high water of Zachar Bay. (4) Easement for highway purposes fifty (50) feet either side of section lines as reserved to the State of Alaska. The GRANTOR hereby covenants to and with the UNITED STATES and its assigns, that the GRANTOR has title in the surface estate of the above - granted real property, has a good and lawful right and power to sell and convey the same, that the same are free and clear of all encumbrances, except as shown above, and that the GRANTOR warrants the quiet and peaceable possession thereof and will defend the title against the lawful claims and demands of all persons whomsoever. The above - described lands are acquired for administration by the Secretary of the Interior through the United States Fish and Wildlife Service. IN WITNESS WHEREOF, the GRANTOR hereunto sets its seal the day and year first above written. ATTEST: Special Warranty Deed Tract No. 61v (formerly 183) Kodiak NWR Grantor: Kodiak Island Borough Page 2 of 4 Kodiak Island Borough By: Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT Special Warranty Deed Tract No. 61v (formerly 183) Kodiak NWR Grantor: Kodiak Island Borough Page 3 of 4 ACKNOWLEDGMENT ) ss. THIS IS TO CERTIFY that on this day of 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and swom as such, personally appeared , to me known as the Manager of the Kodiak Island Borough, a municipal corporation herein named, and acknowledged to me that the same was executed as a free act and deed of the said municipal corporation for the uses and purposes therein stated and pursuant to its bylaws or a resolution of its Assembly. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first written above. Notary Public in and for Alaska (SEAL) My commission expires: ACCEPTANCE The Secretary of the Interior, acting by and through his authorized representative has executed this agreement on behalf of the United States of America on this day of ,20 THE UNITED STATES OF AMERICA By: Chief, Division of Realty U.S. Fish and Wildlife Service Region 7 ACKNOWLEDGMENT STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and swom as such, personally appeared , known to me and to me known to be the U.S. Fish and Wildlife Service, Region 7, who is known to me to be the person who executed the within instrument on behalf of the agency herein named, and who acknowledged to me that the same was signed as a free act and deed of the agency for the uses and purposes therein stated pursuant to the laws and regulations of the United States. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first written above. Notary Public in and for Alaska (SEAL) My commission expires: RPMIS Tract 61v (formerly 183) AFTER RECORDING RETURN TO: U.S. Department of the Interior Fish and Wildlife Service Division of Realty 1011 E. Tudor Road Anchorage, AK 99503 Special Warranty Deed Tract No. 6I v (formerly 183) Kodiak NWR Grantor: Kodiak Island Borough Page 4 of 4 Location Index Seward Meridian Section 18 T. 30 S., R, 28 W. Date: To: July 13, 2006 Kodiak Island Borough Assembly Through. Rick Gifford, Borough Manager /""' From: Duane Dvorak, Acting Director Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us Memorandum RE: Recommendation to fail the Transient Accommodation ordinance amendments as presented in proposed Ordinance No. FY2007 -03 Staff has been concerned that the proposed ordinance referenced above was incomplete. After meeting with the Planning and Zoning Commission at the regular packet review work session last night (Wednesday), and again this morning to go over the proposed ordinance more closely, it has been determined that the ordinance introduced by the Assembly was not consistent with the recommendation of the Commission. It appears that the ordinance was incompletely transferred from working documents prepared by, and approved by the Commission. For this reason, adoption of the ordinance as presented is likely to create more problems than it solves. Based upon the advice of the Manager and Borough Clerk, staff agrees that the best course of action is to fail the current ordinance at the July 20, 2006 Assembly meeting. Staff will then take the relevant file information back to the Commission at its July 19, 2006 regular meeting and get confirmation on the record as to the recommendation that was passed out of the body previously. So long as no other changes are made to that recommendation, staff will then re -draft the ordinance in accordance with the Commission recommendation and the legal review that has already been provided by the Borough Attorney. Because the error in translating the working document to ordinance form occurred after attorney review, that step in the process will not need to be re- accomplished unless additional amendments are contemplated by the Commission. Staff expects to have a new and complete ordinance draft back for introduction by the assembly within 30 days. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 20, 2006 Item No. 9.B Ordinance No. FY2007 -03 Amending Kodiak Island Borough Code of Ordinances Title 17 Zoning Chapters 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 for Transient Accommodations. The Community Development department is initiating a code update to portions of the KIB zoning ordinance (Title 17) as it relates to different "transient accommodation" uses. The initiation of this code review and update had been reviewed and agreed upon by the Chair of the Planning and Zoning Commission. This proposal to amend sections of Title 17 was heard and approved at the May 17, 2006 regular meeting of the Kodiak Island Borough Planning and Zoning Commission. The Commission began work on this proposal during their October 2005 regular meeting. During the course of the analysis and review, approximately 150 public review drafts and comment solicitation letters were sent to all transient accommodation business owners (including guides and pilots) in the Borough. Community Development staff considers "transient accommodation" uses, for the purposes of this review and update, to include the following uses: Bed and Breakfast, Boardinghouse, Hotel, Motel, Recreational Cabin, and Lodge. Staff has detected numerous inconsistencies relating to these types of uses between the language within Title 17 and how these uses have been conducted on site. Staff felt that it was necessary to also review and amend what zoning districts allow these uses either as a permitted use or a conditional use. Staff is also proposing that prior to being issued a Zoning Compliance certificate for a Transient Accommodation use, proof of registration for said tax would be provided to the Community Development Department. The proposed amendments have been formally reviewed by the Borough attorney. APPROVAL FOR AGENDA: cd. re Recommended motion: Move to adopt Ordinance No. FY2007 -03. Section 1: Section 2: Sections: 17.03.010 17.03.020 17.03.030 17.03.040 17.03.050 17.03.060 17.03.070 17.03.080 17.03.090 17.03.100 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2007 -03 Application of provisions. Conformity with regulations required. Alteration or erection of structures. Yard or open space limitation. Approval by planning and commission. Zoning compliance. Building permit and conformity to zoning. Uses prohibited unless authorized. Similar uses may be permitted. Airport regulations. Introduced by: Manager Gifford Requested by: Community Development Drafted by: Community Development Introduced: 07/06/2006 Public Hearing: 07/20/2006 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 17 ZONING CHAPTERS 17.03, 17.06, 17.12, 17.13, 17.15 — 17.20, 17.22, and 17.57 FOR TRANSIENT ACCOMMODATIONS WHEREAS, the Kodiak Island Borough Planning and Zoning Commission requested the Community Development to review KIBC 17 with regard to transient accommodation uses; and WHEREAS, the Planning and Zoning Commission spent nine months reviewing the code, gathering information on the condition of local transient accommodations, and holding public work sessions to discuss possible code changes; and WHEREAS, the Planning and Zoning Commission has recommended certain amendments to KIBC Title 17 regarding the standards for the development and operation of transient accommodations and to address many of the issues raised regarding the health, safety, and welfare of the residents of the Borough; and WHEREAS, the Kodiak Island Borough Assembly has the authority to adopt and amend ordinances as provided in Alaska Statutes Title 29 and other applicable Borough codes; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Title 17 Zoning Chapter 17.03 General Provisions and Use Regulations Section 17.03.110 Bed and Breakfasts, lodges, motels, hotels, and vacation homes is hereby added as follows: Kodiak Island Borough, Alaska Ordinance No. FY2007 -03 Page 1 of 6 17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes. 17.03.110 Bed and Breakfasts, lodges, motels, hotels and vacation homes. Prior to the beginning of a bed and breakfast, lodge, motel, hotel, or vacation home, a copy of the certificate of registration for the transient accommodation tax (Code section 3.30.080) or, if applicable, the certificate of exemption from that tax (Code section 3.30.060), must be submitted to the Community Development Department. Upon receipt of the certificate of registration or certificate of exemption, a certificate of zoning (Code chapter 17.63) shall be issued. Section 3: Title 17 Zoning Chapter 17.06 Definitions Sections 17.06.055 Bed and Breakfasts, 17.06.310 Guest room, 17.06.454 Premises, 17.06.455 Recreational cabin and 17.06.572 Vacation home are hereby amended and added as follows: 17.06.055 Bed and Breakfast (B &B). "Bed and Breakfast (B &B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B &B must reside on the premises and the maximum number of rooms that can be rented out is twe -(2) five (5). In addition to the off - street parking requirements of Code section 17.57.040 for a single family dwelling, a Bed and Breakfast with up to two quest rooms must provide one additional parking space; a Bed and Breakfast with three to four quest rooms must provide two additional parking spaces; and a Bed and Breakfast with five quest rooms must provide three additional parking spaces. 17.06.310 Guest room. "Guest room" means any room in a hotel, dormitory, boarding, bed and breakfast, or lodging house used and maintained to provide sleeping accommodations for not more than two (2) persons. Each one hundred (100) square feet or fraction thereof of floor area used for sleeping purposes shall be considered to be a separate guest room in a large common area sleeping arrangement. 17.06.454 Premises. "Premises" means a lot, together with all buildings and structures thereon. 17.06.455 Recreational cabin. "Recreational cabin" means a structure occupied on a temporary or seasonal basis by a group of people meeting the definition of family. This use is usually associated with remote areas. 17.06.572 Vacation Home. "Vacation home" means a one - family dwelling unit that is rented or leased in its entirety for periods not to exceed 30 days in length. Section 4: Title 17 Zoning Chapter 17.12 NU— Natural Use District Section 17.12.020 Permitted principal uses and structures is hereby amended as follows: 17.12.020 Permitted principal uses and structures. The following land uses and activities are permitted in the natural use district: A. Fish, wildlife, or habitat enhancement and /or rehabilitation projects (nonstructural); B. Hunting, fishing, trapping, and plant gathering activities; C. Passive recreation activities (photography, hiking, camping, cross country skiing, horseback riding, etc.); Kodiak Island Borough, Alaska Ordinance No. FY2007 -03 Page 2 of 6 D. Pedestrian trails and trail systems; and E. Public coastal docking facilities; and F. Recreational cabin. Section 5: Title 17 Zoning Chapter 17.13 C- Conservation District Section 17.13.020 Permitted principal uses and structures is hereby amended as follows: 17.13.020 Permitted principal uses and structures. The following land uses and activities are permitted in the conservation district: A. All of the permitted principal uses and structures in the NU- Natural Use Zoning District; B. Agricultural activities and related structures, including commercial livestock grazing; with a written conservation plan between the land owner or lease holder and the Kodiak Soil and Water Conservation District, in those areas historically established for livestock grazing consisting of the northeast portion of Kodiak Island east of a line drawn from Crag Point on Sharatin Bay to the mouth of Wild Creek in Ugak Bay, and including Chirikof Island and Sitkinak Island. C. Commercial fishing activities and related structures, including mariculture activities and related structures; D. Commercial guiding and /or outfitting activities (e.g. hunting, fishing, photography, etc.) and related structures (e.g. lodges) containing provisions for no more than six (6) clients; E. Parks; F. Recreational activities (including recreational mining activities); G. Single- family dwellings /recreational cabins and associated home occupations; H. Timber harvesting activities and transportation and utility facilities constructed in support of permitted timber harvesting activities; and I. Churches; J. Bed and breakfast; and K. Vacation home. Section 6: Title 17 Zoning Chapter 17.15 RR2 -Rural Residential Two District Section 17.15.020 Permitted principal uses and structures is hereby amended as follows: 17.15.020 Permitted uses. The following land uses and activities are permitted in the rural residential two district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Home occupations; G. Horticultural buildings and activities; and H. Single- family dwellings; and I. Vacation home. Section 7: Title 17 Zoning Chapter 17.16 RR -Rural Residential District Section 17.16.020 Permitted principal uses and structures is hereby amended as follows: Kodiak Island Borough, Alaska Ordinance No. FY2007 -03 Page 3 of 6 17.16.020 Permitted principal uses and structures. A. Single- family dwellings and B. Vacation home. Section 8: Title 17 Zoning Chapter 17.17 RR1 - Rural Residential One District Section 17.17.020 Permitted principal uses and structures and Section 17.17.030 Conditional uses are hereby amended as follows: 17.17.020 Permitted uses. The following land uses are permitted in the rural residential one district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner - occupied dwelling is present on the premises; E. Greenhouses; F. Horticultural buildings and activities; G. Single- family dwellings; and H. Home occupations I. Vacation home. 17.17.030 Conditional uses. The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Fireworks stands and B. Recreational cabin. Section 9: Title 17 Zoning Chapter 17.18 R1 - Single - Family Residential District Section 17.18.030 Conditional uses is hereby amended as follows: 17.18.030 Conditional uses. The following land uses may be allowed by obtaining a conditional use permit in accordance with the provisions of chapter 17.67 of this title: A. Hospitals; and B. Schools; C. Bed and breakfast; and D. Vacation home. Section 10: Title 17 Zoning Chapter 17.19 R2 - Two - family Residential District Section 17.19.020 Permitted principal uses and structures is hereby amended as follows: 17.19.020 Permitted uses. The following land uses are permitted in the two- family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; E. Greenhouses; F. Home occupations; G. Hospitals; Kodiak Island Borough, Alaska Ordinance No. FY2007 -03 Page 4 of 6 H. Parks and playgrounds; I. Professional offices; J. Schools; K. Single- family dwellings; and L. Two - family dwellings and M. Vacation home. Section 11: Title 17 Zoning Chapter 17.20 R3 - Multiple Family Residential District Section 17.20.020 Permitted principal uses and structures is hereby amended as follows: 17.20.020 Permitted uses. The following land uses are permitted in the multifamily residential district: A. Accessory buildings; B. Beauty shops; C. Boardinghouses; D. Churches; E. Clinics; F. Greenhouses; G. Home occupations; H. Hospitals; I. Multifamily dwellings; J. Parks and playgrounds; K. Professional offices; L. Schools; M. Single- family dwellings; and N. Two - family dwellings; and 0. Vacation home. Section 12: Title 17 Zoning Chapter 17.22 RNC - Rural Neighborhood Commercial District Section 17.22.020 Permitted principal uses and structures is hereby amended as follows: 17.22.020 Permitted principal uses and structures. The following land uses and activities are permitted in the rural neighborhood commercial district: A. Animal hospitals, veterinary clinics, and boarding kennels; B. Automobile service stations; C. Bed and breakfasts /motels; D. Churches; E. Commercial recreation facilities (e.g. racquetball courts, health clubs, ice rinks, etc.); F. Community halls and assembly areas; G. Parks and playgrounds; H. Restaurants and bars; I. Retail stores and service shops (e.g. beauty shops, clinics, grocery stores, professional offices, etc.); J. Schools /daycare facilities; K. A single - family dwelling if located on lot with a structure containing a permitted business use; and L. Warehouses; and M. Vacation home. Kodiak Island Borough, Alaska Ordinance No. FY2007 -03 Page 5 of 6 PERMITTED USES REQUIRED OFF - STREET PARKING SPACES Bed and Breakfast In addition to the off - street parking requirements of Code section 17.57.040 for a single family dwelling, up to two guest rooms must provide 1 additional parking space; with three to four guest rooms must provide 2 additional parking spaces; and a Bed an Breakfast with five guest rooms must provide 3 additional parking spaces. Section 13: Title 17 Zoning Chapter 17.57 Off - street parking and loading Section 17.57.040 (A) Number of spaces required is hereby amended as follows: 17.57.040 Off - street parking -- Number of spaces required. A. The required number of off - street parking spaces to be provided will be determined as follows: ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Ordinance No. FY2007 -03 Page 6 of 6 NOTE: THIS IS A SAMPLE ONLY If you wish to amend the resolution, please make a motion to amend by Striking out and/or Inserting the words KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -01 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE PAVING OF ROADS IN THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT Requested by: Manager Gifford Drafted by: E &F Director Cassidy Introduced: July 6, 2006 Public hearing: July 6, 2006 Adopted: WHEREAS, on March 2, 2006, the Assembly approved Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way; and WHEREAS, on March 2, 2006, the Assembly also approved Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District; and WHEREAS, Resolution No. FY2006 -29 also authorized staff to determine the approximate cost to pave the roads within the district, including the engineering, design, and construction costs; and WHEREAS, upon receiving this information, staff was directed to provide residents of the assessment district the estimated costs of engineering, designing, and paving and that another public hearing will be conducted to determine if the project should proceed; and WHEREAS, this resolution finds that the proposed improvement is necessary and of benefit to the properties to be assessed and that the district was initiated in accordance with KIBC 4.40.020; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT staff is directed to move forward and to solicit for competitive bids on the proposed improvement. Kodiak Island Borough, Alaska Resolution No. FY2007 -01 Page 1 of 1 Authorizing the Paving of Roads in the Woodland Acres Paving Assessment District. The Assembly wanted to acquire an engineering estimate to determine the cost of paving the Woodland Acres Paving Assessment District prior to moving ahead with the paving project. Staff hired R &M Consultants, Inc. to provide engineering services for this cost estimate. Their work is completed, and the cost of the project including project management and finance services is $2,579,646. This information was sent to the residents within the paving assessment district along with public notices stating there will be a Public Hearing held by the Assembly on the issue. At this meeting the Assembly can choose to move ahead with the project, or terminate this effort. Staff held two joint meetings with the property owners and the Service District Board regarding this issue and presented the cost estimates. These costs are broken down into the following categories: This is a cost estimate only, as the final figure will only be determined upon completion of the project. The Borough Engineering and Facilities Department recommends taking testimony on and proceeding with the project, including additive alternates #1 & #2, for a preliminary cost of $2,579,646. Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 20, 2006 Basic paving $2,058,747 Additive Alternate #1 $ 118,565 Additive Alternate #2 $ 162,334 Project Management $ 150,000 Finance Admin Fees $ 90,000 Project Total $2,579,646 Recommended motion: Move to adopt Resolution No. FY2007 -01. Item No. 12.A Resolution No. FY2007 -01 Funding for the project will come from the Facilities fund which will be reimbursed through property assessments. KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -01 Requested by: Manager Gifford Drafted by: E &F. Director Cassidy Introduced: July 6, 2006 Public hearing: July 6, 2006 Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE PAVING OF ROADS IN THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT WHEREAS, on March 2, 2006, the Assembly approved Resolution No. FY2006 -28 Initiating the Woodland Acres Paving Assessment District to pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive, Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way; and WHEREAS, on March 2, 2006, the Assembly also approved Resolution No. FY2006 -29 Determining to Proceed With the Proposed Woodland Acres Paving Assessment District; and WHEREAS, Resolution No. FY2006 -29 also authorized staff to determine the approximate cost to pave the roads within the district, including the engineering, design, and construction costs; and WHEREAS, upon receiving this information, staff was directed to provide residents of the assessment district the estimated costs of engineering, designing, and paving and that another public hearing will be conducted to determine if the project should proceed; and • WHEREAS, the cost to complete the project has been estimated by R &M Consultants, Inc. and is estimated to be $2,579,646 which includes the base bid and additive alternates #1 and #2; and WHEREAS, this resolution finds that the proposed improvement is necessary and of benefit to the properties to be assessed and that the district was initiated in accordance with KIBC 4.40.020; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT staff is directed to move forward with the paving of the Woodland Acres Paving Assessment District based on the estimated total cost performed by R &M Consultants, Inc (titled "Planning Level Estimates ") in the amount of $2,579,646 for three (3) inches of pavement, drainage and sanitary sewer improvement; and BE IT FURTHER RESOLVED THAT this project is proposed at 100% allocation to the benefited property owners and the method of allocation shall be on a "per lot" basis of the properties within the paving assessment boundary identified on the attached map which is made part of this resolution. Kodiak Island Borough, Alaska Resolution No. FY2007 -01 Page 1 of 2 ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No. FY2007 -01 Page 2 of 2 . a 8 w wv t- o o_ O L ▪ M o M N U O i w a E o wo N N w CO Q • O m 2 0 a H c) w V N (.3 0 C f6 O 0) 0 z 7 N co Lo N rn c c L 3 d d U ® U a c ( n (A 4t CD m c c 13) CD a s PROPOSED WOODLAND ACRES PAVING DISTRICT /dAra PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT .d if D,C 49V2n4..r6 , 4ct svBav>ci5ia44 Alm c%erte Pay Item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 204(3C) 100 Tons Classified Material, Type C (Per Ton) $25.00 $2,500 205(2) 8,350 Tons Leveling Course - D -1 (Per Ton) $43.00 $359,050 207(4) 120 Feet Removal of Culvert Pipe (Per Foot) $10.00 $1,200 208(1) 3.6 CY Riprap, Class 1 (Per Cubic Yard) $200.00 $720 209(1) 6,100 LF Ditch Linear Grading (Per Linear Foot) $3.00 $18,300 402(1) 6,360 Tons Asphalt Concrete Pavement, Type IIB (Per Ton) $200.00 $1,272,000 702(1 -18) 5 LF Fumish and Install 18 Inch CMP (Per Linear Foot) $100.00 $500 702(3 -18) 154 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $10,010 702(3 -24) 159 LF Furnish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $11,130 704(1 -2) 2 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $16,000 707(1A) 1 Each Construct Inlet Box, Type A (Per Each) $5,000.00 $5,000 707(1 C) 3 Each Construct Inlet Box, Type C (Per Each) $4,000.00 $12,000 802(2) Lump Sum Traffic Maintenance (Per Lump Sum) $10,000.00 $10,000 802(6) Contingent Sum Traffic Control (Per Contingent Sum) $7,500.00 $7,500 8030) Lump Sum Erosion and Pollution Control Administration (Per Lump Sum) $6,000.00 $6,000 803(2) Contingent Sum Erosion and Pollution Control (Per Contingent Sum) $5,000.00 $5,000 8050) Lump Sum Construction Survey Measurement (Per Lump Sum) $25,000.00 $25,000 8140) 40 Each Adjust Manhole to Finish Grade (Per Each) $600.00 $24,000 815(1) 63 Each Adjust Valve Box to Finish Grade (Per Each) $200.00 $12,600 816(1) 2 Each Adjust Cleanout to Finish Grade (Per Each) $1,000.00 $2,000 818(1) 0 SF Pave and Grade Private Driveway (Per Square Foot) $5.00 $0 Page 1 of 1 TOTAL $1,800,510 15% Contingencey $270,077 TOTAL $2,070,587 PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT Additive Alternate #1 Sanitary Improvements - Curlew Way and Gull Drive Pay Item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 206(1) 400 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $30,000 502(1) 510 LF Furnish and Install 8" Sewer Main (Per Linear Foot) $70.00 $35,700 503(1 A) 3 Each Construct Sanitary Sewer Manhole, Type A (Per Each) $6,000.00 $18,000 506(1) 3 Each Construct Beaver Slide (Per Each) $300.00 $900 508(4) 9 Each Sewer Service (4 ") (Per Each) $2,000.00 $18,000 510(1) 1 Each Sanitary Sewer Cleanout (Per Each) $500.00 $500 Page 1 of 1 TOTAL $103,100 15% Contingency $15,465 TOTAL $118,565 PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT Additive Alternate #2 Storm Drain Improvements - Sean Circle Pay Item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 204(3C) 140 Tons Classified Material, Type C (Per Ton) $25.00 $3,500 206(1) 400 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $30,000 207(4) 200 Feet Removal of Culvert Pipe (Per Foot) $10.00 $2,000 702(3 -18) 6 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $390 702(3 -24) 761 LF Fumish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $53,270 704(1 -1) 3 Each Construct Storm Drain Manhole, Type 1 (Per Each) $5,000.00 $15,000 704(1 -2) 4 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $32,000 704(2) 1 Each Construct Storm Drain Catch Basin (Per Each) $5,000.00 $5,000 Page 1 of 1 TOTAL $141,160 15% Contingency $21,174 TOTAL $162,334 pP77QA./ PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT Q. . ni ,gts .4 ✓6o,v iolt/ t4" c /�trAntlie5 Pay item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 204(3C) 100 Tons Classified Material, Type C (Per Ton) $25.00 $2,500 205(2) 6,690 Tons Leveling Course - D -1 (Per Ton) $43.00 $287,670 206(1) 100 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $7,500 207(4) 120 Feet Removal of Culvert Pipe (Per Foot) $10.00 $1,200 208(1) 3.6 CY Riprap, Class 1 (Per Cubic Yard) $200.00 $720 209(1) 6,100 LF Ditch Linear Grading (Per Linear Foot) $3.00 $18,300 402(1) 5,090 Tons Asphalt Concrete Pavement, Type IIB (Per Ton) $200.00 $1,018,000 702(1 -18) 5 LF Fumish and Install 18 Inch CMP (Per Linear Foot) $100.00 $500 702(3 -18) 154 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $10,010 702(3 -24) 159 LF Furnish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $11,130 704(1 -2) 2 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $16,000 707(1A) 1 Each Construct Inlet Box, Type A (Per Each) $5,000.00 $5,000 707(1C) 3 Each Construct Inlet Box, Type C (Per Each) $4,000.00 $12,000 805(1) Lump Sum Construction Survey Measurement (Per Lump Sum) $25,000.00 $25,000 814(1) 40 Each Adjust Manhole to Finish Grade (Per Each) $600.00 $24,000 815(1) 63 Each Adjust Valve Box to Finish Grade (Per Each) $200.00 $12,600 816(1) 2 Each Adjust Cleanout to Finish Grade (Per Each) $1,000.00 $2,000 818(1) 67217 SF Pave and Grade Driveway (Per Square Foot) $5.00 $336,085 TOTAL $1,790,215 15% Contingency $268,532 TOTAL $2,058,747 ADDITIONAL PRIVATE DRIVEWAY COSTS (WITHIN THE RIGHT -OF -WAY, BUT GREATER THAN 24' WIDTH) 818(2) 11008 SF Pave and Grade Private Driveway (Per Square Foot) $5.00 $55,040 Page 1 of 1 TOTAL $1,845,255 15% Contingency $276,788 TOTAL $2,122,043 PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT ASPHALT - 3" CURLEW WAY, GULL DRIVE, AND PUFFIN DRIVE - 0" CUL -DE -SACS Pay Item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 204(3C) 100 Tons Classified Material, Type C (Per Ton) $25.00 $2,500 205(2) 3,100 Tons Leveling Course - D -1 (Per Ton) $43.00 $133,300 206(1) 100 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $7,500 207(4) 120 Feet Removal of Culvert Pipe (Per Foot) $10.00 $1,200 208(1) 3.6 CY Riprap, Class 1 (Per Cubic Yard) $200.00 $720 209(1) 6,100 LF Ditch Linear Grading (Per Linear Foot) $3.00 $18,300 402(1) 2,180 Tons Asphalt Concrete Pavement, Type IIB (Per Ton) $200.00 $436,000 702(1 -18) 5 LF Furnish and Install 18 Inch CMP (Per Linear Foot) $100.00 $500 702(3 -18) 154 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $10,010 702(3 -24) 159 LF Furnish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $11,130 704(1 -2) 2 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $16,000 707(1A) 1 Each Construct Inlet Box, Type A (Per Each) $5,000.00 $5,000 707(1C) 3 Each Construct Inlet Box, Type C (Per Each) $4,000.00 $12,000 805(1) Lump Sum Construction Survey Measurement (Per Lump Sum) $15,000.00 $15,000 814(1) 13 Each Adjust Manhole to Finish Grade (Per Each) $600.00 $7,800 815(1) 34 Each Adjust Valve Box to Finish Grade (Per Each) $200.00 $6,800 816(1) 1 Each Adjust Cleanout to Finish Grade (Per Each) $1,000.00 $1,000 818(1) 13454 SF Pave and Grade Driveway (Per Square Foot) $5.00 $67,270 Page 1 of 1 TOTAL $752,030 15% Contingency $112,805 TOTAL $864,835 4 A/3 PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT ASPHALT - 3" CURLEW WAY, GULL DRIVE, AND PUFFIN DRIVE - 2" CUL -DE -SACS Pay Item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 204(3C) 100 Tons Classified Material, Type C (Per Ton) $25.00 $2,500 205(2) 6,690 Tons Leveling Course - D -1 (Per Ton) $43.00 $287 670 206(1) 100 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $7,500 207(4) 120 Feet Removal of Culvert Pipe (Per Foot) $10.00 $1,200 208(1) 3.6 CY Riprap, Class 1 (Per Cubic Yard) $200.00 $720 209(1) 6,100 LF Ditch Linear Grading (Per Linear Foot) $3.00 $18,300 402(1) 4,130 Tons Asphalt Concrete Pavement, Type IIB (Per Ton) $200.00 $826,000 7020 -18) 5 LF Furnish and Install 18 Inch CMP (Per Linear Foot) $100.00 $500 702(3 -18) 154 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $10,010 702(3 -24) 159 LF Fumish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $11,130 704(1 -2) 2 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $16,000 707(1 A) 1 Each Construct Inlet Box, Type A (Per Each) $5,000.00 $5,000 707(1C) 3 Each Construct Inlet Box, Type C (Per Each) $4,000.00 $12,000 805(1) Lump Sum Construction Survey Measurement (Per Lump Sum) $25,000.00 $25,000 814(1) 40 Each Adjust Manhole to Finish Grade (Per Each) $600.00 $24,000 815(1) 63 Each Adjust Valve Box to Finish Grade (Per Each) $200.00 $12,600 816(1) 2 Each Adjust Cleanout to Finish Grade (Per Each) $1,000.00 $2,000 818(1) 67217 SF Pave and Grade Driveway (Per Square Foot) $5.00 $336,085 TOTAL $1,598,215 15% Contingency $239,732 TOTAL $1,837,947 ADDITIONAL PRIVATE DRIVEWAY COSTS (WITHIN THE RIGHT -OF -WAY, BUT GREATER THAN 24' WIDTH) 818(2) 11008 SF Pave and Grade Private Driveway (Per Square Foot) $5.00 $55,040 Page 1 of 1 TOTAL $1,653,255 15% Contingency $247,988 TOTAL ;1,901,243 6,T7o4-/ ,' PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT ASPHALT - 3" CURLEW WAY, GULL DRIVE (SOUTH OF CURLEW), AND PUFFIN DRIVE - 0" CUL -DE -SACS Pay Item Estimated No. Quantity Description of Item Specification No. Unit Total Price Cost 204(3C) 100 Tons Classified Material, Type C (Per Ton) $25.00 $2,500 205(2) 2,400 Tons Leveling Course - D -1 (Per Ton) $43.00 $103,200 206(1) 100 LF Trench Excavation and Backlit (Per Linear Foot) $75.00 $7,500 207(4) 120 Feet Removal of Culvert Pipe (Per Foot) $10.00 $1,200 208(1) 3.6 CY Riprap, Class 1 (Per Cubic Yard) $200.00 $720 209(1) 6,100 LF Ditch Linear Grading (Per Linear Foot) $3.00 $18,300 402(1) 1,500 Tons Asphalt Concrete Pavement, Type IIB (Per Ton) $200.00 $300,000 702(1 -18) 5 LF Furnish and Install 18 Inch CMP (Per Linear Foot) $100.00 $500 702(3 -18) 154 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $10,010 702(3 -24) 159 LF Furnish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $11,130 704(1 -2) 2 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $16,000 707(1A) 1 Each Construct Inlet Box, Type A (Per Each) $5,000.00 $5,000 707(1C) 3 Each Construct Inlet Box, Type C (Per Each) $4,000.00 $12,000 805(1) Lump Sum Construction Survey Measurement (Per Lump Sum) $15,000.00 $15,000 814(1) 9 Each Adjust Manhole to Finish Grade (Per Each) $600.00 $5,400 815(1) 26 Each Adjust Valve Box to Finish Grade (Per Each) $200.00 $5,200 816(1) 1 Each Adjust Cleanout to Finish Grade (Per Each) $1,000.00 $1,000 818(1) 7507 SF Pave and Grade Driveway (Per Square Foot). $5.00 $37,535 Page 1 of 1 TOTAL $552,195 15% Contingency $82,829 TOTAL $635,024 KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM DATE: July 6, 2006 TO: Borough Assembly /�q� TIIRU: Rick Gifford, Manager / FROM: Bud Cassidy, Director of Engineering and Facilities SUBJ: Woodland Acres Paving — Options J � I. Introduction Attached are options to proceed with some form of paving for Woodland Acres should the recommendation on the table fail. These options came from the work session discussions by the Assembly and from staff discussions. This effort was done to try to perform some kind of paving in the assessment district, knowing that the price of asphalt continues to increase. All options are on a "per lot basis" vs a "per lot value basis. A. OPTION #1 — Black Option This is the option that was sent to residents in the assessment district and includes the additive altemates for drainage and sanitary sewer. The total project cost for this option is $2,579,646. In this option, the price for the project remains the same, but staff has expanded the terms of financing the project (the original term was for 15 years at 7.5% interest). You can see how the payments change based on the change of terms. B. Option #2 — Green Option This option would pave just the main streets (Curlew, Gull and Puffin) with 3" of asphalt and not pave the cul- de -sacs (see map). The drainage on Sean Circle would also not be addressed. The sanitary sewer (grinder pumps) would not be included in the project. This green option lowers the project cost from the option #1 estimate of $2,579,646 to $1,104,835. Staff has also provided a matrix of rates and interests rates to finance the project. C. Option #3 — Purple Option This option would pave the main roads with 3" of asphalt while paving the cul-de -sacs with 2" of asphalt. The sanitary sewer improvements and the drainage improvements would not be part of the project. This purple option reduces the price of the original proposal from $2,579,646 to $2,077,947. Again staff has provided a matrix for overall finance costs based on changes in the term and interest rate. II. Conclusion These options are based on discussion at both the assembly level and the staff level. All prices are estimates as the project has not gone out for competitive bid. Final project costs will be determined at the end of the project when actual costs are available. At that time the Assembly will hold another public meeting and set the final assessments for district. OPTION #1 This is the original proposal; complete paving of all streets plus utility systems upgrades (on a "per lot" basis) Construction $2,339,646 Management $240,000 Total Cost $2,579,646 Monthly Payment 15 20 25 30 5.5% $112.72 $94.89 $84.71 $78.33 6.5% $120.17 $102.85 $93.14 $87.19 7.5% $127.88 $111.13 $101.94 $96.46 5.5% 6.5% 7.5% Annual Payment 15 20 25 30 5.5% $1,374.32 $1,154.35 $1,028.40 $949.16 6.5% $1,467.13 $1,251.98 $1,130.93 $1,056.38 7.5% $1,562.79 $1,353.17 $1,237.55 $1,168.03 Total Payment (sum of annual pmts) 15 $20,614.87 $22,006.89 $23,441.79 Original teens proposed 20 $23,086.96 $25,039.51 $27,063.44 25 30 $25,710.02 $28,474.90 $28,273.16 $31,691.34 $30,938.74 $35,040.93 OPTION #2 Paving of main streets only: Curlew Way, Gull Drive, and Puffin Drive; no sewer or drainage improvements (on a "per lot" basis) Construction Management Total Cost 5.5% 6.5% 7.5% 15 20 25 30 • 5.5% $588.61 $494.39 $440.45 $406.52 6.5% $628.35 $536.21 $484.36 $452.44 7.5% $669.32 $579.55 $530.03 $500.26 5.5% 6.5% 7.5% $864,835 $240,000 $1,104,835 Monthly Payment 15 $48.27 $51.47 $54.77 Annual Payment 15 $8,829.13 $9,425.32 $10,039.87 Original tarns proposed 20 $40.64 $44.05 $47.60 25 $36.28 $39.89 $43.66 Total Payment (sum of annual pmts) 20 $9,887.90 $10,724.15 $11,590.98 25 $11,011.33 $12,109.09 $13,250.73 30 $33.55 $37.34 $41.31 30 $12,195.50 $13,573.06 $15,007.66 OPTION #3 Paving main streets with 3" asphalt; cul -de -sacs with 2" asphalt; no sewer or drainage improvements (on a "per lot" basis) Construction $1,837,947 Management $240,000 Total Cost $2,077,947 5.5% 6.5% 7.5% 5.5% 6.5% 7.5% 5.5% 6.5% 7.5% Monthly Payment 15 $90.79 $96.80 $103.01 Annual Payment 15 $1,107.04 $1,181.79 $1,258.85 15 $16,605.62 $17,726.91 $18,882.74 Original terms proposed 20 $76.44 $82.85 $89.52 20 $929.85 $1,008.49 $1,090.00 Total Payment (sum of annual pmts) 20 $18,596.92 $20,169.73 $21,800.04 25 $68.24 $75.03 $82.12 25 $828.39 $910.98 $996.87 25 $20,709.84 $22,774.49 $24,921.66 30 $63.09 $70.24 $77.70 30 $764.57 $850.93 $940.87 30 $22,937.00 $25,527.89 $28,226.04 E ° tin °L fly- 64-ii.94/ KODIAKISLAND BOROUGH Engineering & Facilities Department MEMORANDUM T4YMIa/firt From * Last me ding. We receiVeoC .717 Frokd flr' l a rep orris 61 opposed, 2 Pi , or�� ✓` o ��y' TO: Borough Assembly / DATE: June 26, 2006 /0 a/POSed C/ hn by o 1 ' d �'r / /Ot&f Were Wpr C�IU"' ` c rt you geed co�p�; please s FROM: Bud Cassidy, Director, Engineering and Facilities Department SUBJ: Woodland Acres Paving District — Estimated Costs 1. INTRODUCTION In February the Assembly passed resolution 2006 -28 initiating the Woodland Acres Paving Assessment District. The Assembly also passed resolution 2006 -29 directing staff to perform the necessary engineering in an effort to determine the cost of paving. Both of these resolutions were adopted with the goal of providing the members of the assessment district the cost of the project and how much their property would be assessed if the project proceeded. The costs associated with the project have been determined and we have calculated the impact that the project will have on individual property owners. As directed by the code, a public notice was sent to all properties affected by the project with an estimated cost to perform this work. The Assembly will now take public testimony from members of the assessment district and decide whether or not to proceed. 11. HISTORY OF THE WOODLAND ACRES The Woodland Acres Paving Assessment District includes 8 different subdivisions served by the roads scheduled to be paved. These subdivisions were approved at various times in the last two decades. The first subdivision was approved in the mid 1980's. The last subdivision in the area is pending and will include 6 more lots lot subdivision pending. Each of these subdivisions has had separate drainage that is only lately being looked at in a comprehensive manner. III. ESTIMATED COSTS a. Paving Costs The cost to perform the paving of the paving district is $2,058,747 (See "Planning Level Estimate Cost Sheet). Of that cost, half or $1,018,000 is for asphalt. Another $626,255 is for shaping the road and driveway approaches and preparing them for paving (See pay items 204(3C), 205(2) and 818(1). Added to this basic paving cost are two critical project additions. b. Additive Alternate #1 - Sanitary Sewer Improvements Additive Alternate #1 is the cost associated with running sewer line services to the property line from the sewer main in the middle of the driving lane for up to 12 residents that are now served by "grinder pumps" These pumps were the only method of moving waste water from the 2 " approved subdivision in the paving district which was also constructed in the mid 1980's. Grinder pumps are used to move wastewater uphill to a point where gravity can take over and the wastewater generated can enter the sewer main collection system. Since the time of this original subdivision approval, 6 other subdivisions have been approved and a more extensive wastewater system is now in place that does not used grinder pumps. This additive would not connect residents to the sewer lirfe, that is the responsibility of the homeowner. It would extend a gravity line service to the property line. Once folks decided to hook up to the new sanitary system (it may not be the current owner) the line is available without cutting into the new pavement. The cost for additive alternate #1 is $118,565. c. Additive Alternate #2 — Drainage Improvements The second Additive Alternate is storm drain improvements in Sean Circle. This second alternate will address a long standing drainage issue. Sean Circle drainage ditches handle water not generated in the subdivision, but water that comes from off -site. This is water that drains KANA, and the KANA ball fields, portions of Mill Bay Road, Woody Way etc. The service district board agreed that this alternative should be included in the cost of the project. The cost of this second alternate is $162,334. d. Other Construction Management and Administrative Costs Beside the above construction costs, there are administrative costs associated with the project. The costs can be broken down into construction management costs and finance costs. The construction management costs include those associated with managing the paving project. It specifically includes things like bid document preparation, project surveying and final construction drawings projection, inspection costs etc. These costs are estimated to be $150,000. Finance costs associated with managing the accounts of the 187+ property owners is expected to cost $90,000 over the 15 years life of the project. Below is a breakdown of all costs: Construction Costs $2,058,747 Additive Alternate #1 $ 118,565 Additive Alternate #2 $ 162,334 Project Management $ 150,000 Financial Admin Fees $ 90000 Project Total $2,579,646 IV. SERVICE AREA BOARD RECOMMENDATION The Service Area has held two public meetings with members of the assessment district to take input and to make recommendations. Based on public testimony, the service district is recommending that the project proceed and include both additive alternates. The service district felt that they both be included Id bring this whole area up to standard. The drainage issues along Sean Circle are not caused folks living in Sean Circle, but from off site as the area above Sean Circle and away from the assessment district is developed. Those residents on grinder pumps had no alternatives to address waste water when the subdivision was developed. The service area felt that there is a need to have all the structures on gravity sewer, even if the present occupant does not want to pay to tie into the gravity system at this time. V. FINAL COSTS It is only after the project is complete and all costs are known that assessments are attached to the properties (KIBC 4.40.070). Should this project move forward, the anticipated date of project completion would be late summer of 2007. The Assembly will then hold another public hearing. After the meeting the final assessments will be assigned to each parcel, and the roll confirmed by Assembly resolution. That resolution will also determine how the assessments will be paid, what interest rates will be charged etc. VI CONCLUSIONS Staff has provided the information requested by the Assembly. We have hired an engineering firm to perform the cost estimate. They are based on the best information for paving roads on Kodiak. We have held two public meetings on the project and have had it reviewed by the road service board. Individual information on how the cost of the project will affect property owners have also been mailed out. What remains is the voice of the public weighing in on the costs. • Woodland Acres Paving District Budget Construction Costs a. Option #1 $1,790,215 $268,532 $2,058,747 b. Sanitary Sewer $103,100 $15,465 $118,565 c. Sean Circle $141,160 $21,174 $162,334 total $2,339,646 Project Management a. Inspect and Manage $100,000 b. design, survey, bid $50,000 Project Accounting a. Loan management $90,000 Grand Total $2,579,646 PLANNING LEVEL ESTIMATE • KODIAK ISLAND BOROUGH • WOODLAND ACRES PAVING DISTRICT Pay Item Estimated - Description of Item - Unit Total No. Quantity Specification No. Price Cost 204(30) 100 Tons Classified Material, Type C (Per Ton) $25.00 $2,500 205(2) 6,690 Tons Leveling Course - D -1 (Per Ton) $43.00 $287,670 206(1) 100 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $7,500 207(4) 120 Feet Removal of Culvert Pipe (Per Foot) $10.00 $1,200 208(1) 3.6 CY Riprap, Class 1 (Per Cubic Yard) $200.00 $720 209(1) 6,100 LF Ditch Linear Grading (Per Linear Foot) $3.00 $18,300 402(1) 5,090 Tons Asphalt Concrete Pavement, Type IIB (Per Ton) $200.00 $1,018,000 702(1 -18) 5 LF Furnish and Install 18 Inch CMP (Per Linear Foot) $100.00 5500 702(3 -18) 154 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $10,010 702(3 -24) 159 LF Furnish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $11,130 704(1 -2) 2 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $16,000 707(1A) 1 Each Construct Inlet Box, Type A (Per Each) $5,000.00 $5,000 707(1C) 3 Each Construct Inlet Box, Type C (Per Each) $4,000.00 $12,000 805(1) Lump Sum Construction Survey Measurement (Per Lump Sum) $25,000.00 $25,000 814(1) 40 Each Adjust Manhole to Finish Grade (Per Each) $600.00 $24,000 815(1) 63 Each Adjust Valve Box to Finish Grade (Per Each) $200.00 $12,600 816(1) 2 Each Adjust Cleanout to Finish Grade (Per Each) $1,000.00 $2,000 818(1) 67217 SF Pave and Grade Driveway (Per Square Foot) $5.00 $336,085 TOTAL $1,790,215 15% Contingency $268,532 TOTAL $2,058,747 ADDITIONAL PRIVATE DRIVEWAY COSTS (WITHIN THE RIGHT -OF -WAY, BUT GREATER THAN 24' WIDTH) 818(2) .11008 SF Pave and Grade Private Driveway (Per Square Foot) 55.00 555,040 Page 1 of 1 TOTAL $1,845,255 15% Contingency $276,788 TOTAL $2,122,043 PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT Additive Alternate #2 Storm Drain.Improvements - Sean Circle Pay Item Estimated 'Description of Item Unit Total No. Quantity Specification No.. Price Cost 204(30) 140 Tons Classified Material, Type C (Per Ton) $25.00 $3,500 206(1) 400 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 . $30,000 207(4) 200 Feet Removal of Culvert Pipe (Per Foot) $10.00 $2,000 702(3 -18) 6 LF Furnish and Install 18 Inch CPEP, Type S (Per Linear Foot) $65.00 $390 702(3 -24) 761 LF Furnish and Install 24 Inch CPEP, Type S (Per Linear Foot) $70.00 $53,270 704(1 -1) 3 Each Construct Storm Drain Manhole, Type 1 (Per Each) $5,000.00 $15,000 704(1 -2) 4 Each Construct Storm Drain Manhole, Type 2 (Per Each) $8,000.00 $32,000 704(2) 1 Each Construct Storm Drain Catch Basin • (Per Each) $5,000.00 $5,000 Page 1 of 1 TOTAL $141,160 15% Contingency $21,174 TOTAL $162,334 , PLANNING LEVEL ESTIMATE KODIAK ISLAND BOROUGH WOODLAND ACRES PAVING DISTRICT Additive Alternate #1 Sanitary Improvements - Curlew Way and Gull Drive Pay Item Estimated Description of Item Unit Total No. Quantity Specification No. Price Cost 206(1) 400 LF Trench Excavation and Backfill (Per Linear Foot) $75.00 $30,000 502(1) 510 LF Furnish and Install 8" Sewer Main (Per Linear Foot) $70.00 $35,700 503(1A) 3 Each Construct Sanitary Sewer Manhole, Type A (Per Each) $6,000.00 $18,000 506(1) 3 Each Construct Beaver Slide (Per Each) $300.00 $900 508(4) 9 Each Sewer Service (4 ") (Per Each) $2,000.00 $18,000 510(1) 1 Each Sanitary Sewer Cleanout (Per Each) $500.00 $500 Page 1 of 1 TOTAL $103,100 15% Contingency $15,465 TOTAL $118565 • C ATT T: t A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH INITIATING THE WOODLAND ACRES PAVING ASSESSMENT DISTRICT TO PAVE AUK CIRCLE, COHO CIRCLE, CURLEW WAY, GULL DRIVE, HARLEQUIN COURT, PATRICK COURT, PLOVER WAY, PUFFIN CIRCLE, PUFFIN DRIVE, SEAN CIRCLE, SEA QUAIL WAY, SHEARWATER WAY, TEAL WAY, AND WOLVERINE WAY WHEREAS, Kodiak Island Borough Code Chapter 4.40 provides for the creation of an assessment district within an established service area leading to the improvement and paving of roads; and WHEREAS, a petition was submitted in December 2002 by property owners requesting that the assembly create an assessment district to pave roads in their neighborhood; and WHEREAS, on April 15, 2003 the Assembly held a public hearing and directed the manager to prepare a resolution to determine Mother to proceed with the proposed assessment; and WHEREAS, a resolution was not forthcoming and no additional action was taken; and WHEREAS, the assembly desires to resume the project and finds that providing assessment district property owners with the estimated costs of the paving project for their review and approval prior to the Assembly authorizing construction is appropriate; and WHEREAS, once the cost of the paving project is determined, the assembly intends to hold another public hearing prior to authorizing construction; NOW, THEREFORE, BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Woodland Acres Paving Assessment District to Pave Auk Circle, Coho Circle, Curlew Way, Gull Drive, Harlequin Court, Patrick Court, Plover Way, Puffin Circle, Puffin Drive; Sean Circle, Sea Quail Way, Shearwater Way, Teal Way, and Wolverine Way Is hereby initiated. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF FEBRUARY 2006 elsen, C , : .rough Clerk Kodiak Island Borough Alaska KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -28 Astroducid by: Requested by: Drafted by: Introduced: Adopted: Failed to Reconsider: KODIAK ISLAND BOROUGH Manager Gifford Assembly Borough Clerk 02/16/2008 02119/2000 03/02/2006 Resolution No. FY2006 -28 Page 1 of 1 e duced by: Manager Gifford Requested by: Assembly Introduced: 02/18/2008 Adopted: 02/1812008 Intent to Reconsider Felled for Lack of it Motion: 03/02/2008 • • KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -29 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING TO PROCEED WITH THE PROPOSED WOODLAND ACRES PAVING PPROXIMATE COST R TO PAVE THE H ROADS WITHIN THE DISTRICT DETERMINE THE WHEREAS, once an assessment district has been initiated, Kodiak Island Borough Code 4.40.050 requires the Assembly to hold a public hearing on the necessity of the proposed improvement; and WHEREAS, a notice of public hearing in the proper form was duly published and mailed to affected property owners advising of the proposed assessment district, the property to be assessed, the methods of allocating costs the purpose of the hearing, and the method for protesting and objecting to the action under consideration; and WHEREAS, after the public hearing, the assembly shall, by resolution, determine whether to proceed with the proposed improvement; and WHEREAS, a petition was submitted In 2002 by residents requesting that the Assembly create an assessment district to pave roads in their neighborhood; and 0 WHEREAS, the boundary of the assessment district and the properties that will be assessed Is identified as those Tots served by Puffin Drive, Sean Circle, Sea Quail Way, Harlequin Court, Puffin Circle, Patrick Court, Curlew Way, Gull Drive, Teal Way, Shearwater Way, Auk Circle, Plover Way, Coho Circle, and Wolverine Way and as identified in a boundary map and spreadsheet tilted Woodland Acres Paving Assessment District, both attached Wth this resolution; and WHEREAS, the method of allocation of the costs of this work shall be based on a per lot value basis of each parcel in accordance with KIBC 4.40.140(E). The parcel having multiple accesses to their property, one by a state road and the other by a road within this assessment district, will be assigned a 50% assessment allocation of their normal full assessment as If It were not served by a state road. WHEREAS, the Borough Manager has prepared a proposed assessment roll containing a brief description of each property to be assessed, the name of the record owner and determined the method of assessment allocation. t h a t f t m provement Is necessary and of benefit o the properties to b assessed. B s ed. NOW, THEREFORE BE IT FURTHER RESOLVED that engineering work will be performed to 0 / v provide residents of the assessment district the estimated costs of engineering, designing, and paving ( and that another Assembly public hearing will be conducted to determine If the project should proceed. Kodiak Island Borough Alaska Resolution No. FY2006 -29 Page 1 of 2 June 21, 2006 To Woodland Acres Paving Assessment District Resident: goduk Isldndnorougl✓ Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 E -mail: niavier@kib.co.kodiak.ak.us NOTICE OF PUBLIC HEARING AUTHORIZING CONSTRUCTION FOR THE PROPOSED WOODLAND ACRES PAVING DIST The Kodak Island Borough will hold a public hearing on Thursday, July 6, 2006 at 7:30 p.m. in the Borough Assembly Chambers, Room 232, 710 Mill Bay Road, Kodiak, AK, for the purpose of hearing comments regarding the Proposed Woodland Acres Paving District. Description of the Improvement: This project is proposed at 100% allocation to the benefited property owners. The improvements will be based on the estimated total cost of $2,579,646 for three (3) inches of pavement, drainage and sanitary sewer improvement. The assessments will be paid annually for fifteen years at the interest rate of 7.5 %. The map of the area to be paved is attached. Amount estimated or actual assessment against your property: Based on the option decided by the Assembly, your estimated assessment and annual estimated payment may be one of the options found on the attached spreadsheet. A copy of the full record is available for public inspection at the Clerk's Office from 8 a.m. to 5 p.m., Monday through Friday. Per KIBC 4.40.040 Protest. A. Any owner of property within a proposed assessment district may protest as to the necessity of the improvement to be constructed therein. A protest is effective only if filed with the clerk no later than 5:00 p.m. on the last day the borough offices are open prior to the day of the public hearing. (Protests must be filed no later than 5:00 p.m. on Wednesday, July 5, 2006.1 During the public hearing, speakers will be allowed to speak before the Assembly for five (5) minutes. The toll -free number to call is (800) 478 -5736 and the local number to call is 486 -3231. PROPOSED WOODLAND ACRES PAVING DISTRICT PUBLIC HEARING COMMENTS Your name: Property Address: Mailing Address: Comments: Please return this form by fax to 486 -9391, Email to niavler(Nkib.co.kodiak.ak.us, mail or hand deliver to the Office of the Borough Clerk no later than 5 p.m. on Wednesday, July 5, 2006. Please call the Borough Clerk's Office at 486 -9310 if you have any questions. June 20, 2006 Dear Woodland Acres Resident: Kodiak Island Borough Engineering and Facilities Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9343 Fax (907) 486 -9394 bcassidy(a,kib.co.kodiak.ak.us Re: Public Hearing — Cost Estimates associated with the paving of roads within Woodland Acres Paving Assessment district At its February 16, 2006 meeting, the Kodiak Island Borough Assembly passed Resolution No. FY2006 -29 to proceed with engineering services needed to determine costs of performing work associated with paving of roads within the Woodland Paving District; and to provide District residents with the estimated costs to complete the project. The Assembly also directed, once these costs are determined, another public meeting be conducted in order to decide if the project shall proceed. A formal notice of public bearing from the Borough Clerk's office per Kodiak Island Borough Code (KIBC) 4.40.50 is attached with this letter. The public hearing will be held on Thursday, July 6, 2006, at 7:30 p.m. in the Borough Assembly Chambers. At this meeting, the Assembly will review all information and decided whether the paving and associated improvements (drainage and sanitary service improvements) within the Woodland Acres Paving Assessment District shall proceed, and properties be assessed to pay for these improvements. The manner, term, interest rate, and the estimated amount that each property will be assessed will be determined by the Assembly at this meeting. A copy of a spreadsheet is attached that shows what each property owner can be expected to annually pay for this project. It is important to review the costs indicated in the yellow and blue columns. The yellow column is the amount the property owner will be annually assessed if the Assembly determines the method of assessment is done by Lot Value. The blue column is the amount property owners will be annually assessed if the method of assessment determined by the Assembly is based on an equal share of the expenses by each property in the Assessment area l d J. Final assessment amounts will be determined and approved by the Assembly at the future public meeting and once all actual construction costs are known. Chapter 4.40.040 of the KIBC (attached), describes the procedure property owners must follow in order to protest assessments. The KIBC is also available on our website at www.kib.co.kodiak.ak.us. Should you have any questions or need additional information, please contact the Kodiak Island Borough Engineering and Facilities Department at 486 -9343. 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J W 03 Lf 0) w W W W 0�0 �fD 0000 N(0 AA A A A AA 8 0 0 0 0 O co co O V 011 LT W N CO tin tutectRiam: Sections: Chapter 4.40 ASSESSMENT DISTRICTS WITHIN SERVICE AREAS 4.40.010 -- 4.40.020 4.40.010 Authority to assess. 4.40.020 Methods of initiating district. 4.40.030 Report by manager. 4.40.040 Protest. 4.40.050 Public hearing -- Assembly action. 4.40.060 Modification or abandonment of improvement after district formation. 4.40.070 Assessment roll. 4.40.080 Public hearing -- Confirmation of roll. 4.40.090 Payment. 4.40.100 Reassessment. 440.110 Objection and appeal. 4.40.120 Dissolution of assessment district. 4.40.130 Costs of improvement -- Assessable costs. 4.40.140 Allocation of assessable costs. 4.40.150 Notice. 4.40.010 Authority to assess. A. In accordance with this chapter, the assembly may form assessment districts consisting of all the property benefitted by capital improvements and assess against the benefitted property all or part of the cost of construction, (or) improving, operating, or maintaining the capital improvements. B. A property that is unable to be served by a capital improvement because of topography or distance shall not be assessed for operation and maintenance. C. The assembly may assess any benefitted property, notwithstanding that the property otherwise by law is exempt from taxation, except as provided in AS 29.45.030. (Ord. 81 -14 -0 §1, 1981; Ord. 80 -29 -0 §1(part), 1980). 4.40.020 Methods of initiating district. An assessment district may be initiated by: A. Filing with the clerk a petition to form the district signed by the owners of more than one- half (1/2) in value of the property to be benefitted by the proposed improvement; or B. A majority vote of the assembly. (Ord. 98 -04 §2 (part), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord. 80 -29 -0 §1(part), 1980). 4 -11 (MB 10/98) Supp. #22 4.40.030 -- 4.40.050 4.40.030 Report by manager. For every assessment district that is initiated, the manager shall report to the assembly regarding the need for, the desirable extent of, and the estimated cost of the proposed improvement. The manager shall present the report to the assembly no later than the time of the public hearing on the proposed improvement. (Ord. 98 -04 §2 (part), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord. 80 -29 -0 §1(part), 1980). 4.40.040 Protest. A. Any owner of property within a proposed assessment district may protest as to the necessity of the improvement to be constructed therein. A protest is effective only if filed with the clerk no later than 5 p.m. on the last day the borough offices are open prior to the day of the public hearing under section 4.40.050 of this chapter. Once a petition to initiate an assessment district has been filed, no signer of the petition may withdraw from the petition except by filing a protest in accordance with this section. B. If the owners of property which will bear fifty percent (50 %) or more of the amount assessed for the improvement protest the improvement in accordance with subsection A of this section, the assembly may not proceed with the improvement unless: 1. the number of protests has been reduced so as to represent property which will bear less than fifty percent (50 %) of the amount assessed for the improvement; or 2. at least three- fourths (3/4) of the assembly approves proceeding with the improvement. (Ord. 80 -29 -0 §1(part), 1980). 4.40.050 Public hearing -- Assembly action. A. The assembly shall hold a public hearing on the necessity of the proposed improvement. After the public hearing, the assembly shall, by resolution, determine whether to proceed with the proposed improvement. B. The assembly may determine to increase or decrease the extent of the proposed improvement or the number of properties benefitted thereby; provided, that if the assembly determines to proceed with an improvement of greater extent or benefiting more properties than proposed, the determination to proceed shall be treated as the initiation of an assessment district by the assembly under section 4.40.020 of this chapter. C. Where a determination to proceed is not treated as the initiation of an assessment district by the assembly under subsection B of this section, the determination shall be in the form of a resolution forming an assessment district. The resolution shall find that the proposed improvement is necessary and of benefit to the properties to be assessed, and that the district was initiated in accordance with section 4.40.020 of this chapter. The resolution shall describe the improvement and its location, the properties to be assessed, and the method of allocating the improvement cost among the benefitted properties. The assembly's findings as to compliance with section 4.40.020 of this chapter and as to the necessity of the proposed improvement shall be conclusive. (Ord. 80 -29 -0 §1(part), 1980). 4 -12 (KIB 10/98) Supp. #22 4 -13 4.40.060 -- 4.40.090 4.40.060 Modification or abandonment of improvement after district formation. A. If the assembly finds that it is in the best interest of the borough to do so, it may, after holding a public hearing, reduce the extent of the improvement as described in the resolution forming the assessment district, and modify its determination of the properties benefitted by the improvement accordingly. B. If the assembly determines it is in the best interest of the borough to do so, it may, after holding a public hearing, approve a resolution terminating work on the public improvement and dissolving the assessment district. If a district is dissolved under this subsection, no assessment may be levied pursuant thereto, but the costs incurred for the improvement before the dissolution may be assessed as costs of the improvement under any subsequent assessment district under which the improvement is completed. (Ord. 80 -29 -0 §1(part), 1980). 4.40.070 Assessment roll. After the improvement has been completed, and the costs of the improvement determined, the manager shall prepare an assessment roll for the district. The roll shall describe the properties to be assessed and name their owners in accordance with the current records of the assessor, and state the amount assessed against each property. (Ord. 98 -04 §2 (part), 1998; Ord. 84 -61 -0 §10(part), 1984; Ord. 80 -29 -0 §1(part), 1980). 4.40.080 Public hearing -- Confirmation of roll. A. After the assessment roll is completed, the assembly shall hold a public hearing at which any owner of property to be assessed may object to the roll by presenting evidence of errors and equalities in the roll. After the public hearing, the assembly may correct any error or inequality in the assessment roll. When the roll is finally determined, the clerk shall so certify. B. After the public hearing and final determination of the assessment roll, the assembly shall enact a resolution confirming the roll and levying assessments in accordance therewith, and establishing a schedule for paying the assessments. (Ord. 80 -29 -0 §1(part), 1980). 4.40.090 Payment. A. The resolution confirming and levying may require payment of assessments in one (1) sum or in installments, but no sum or installment may exceed twenty -five percent (25 %) of the assessed value of the property against which it is levied, and no assessment payment shall be due sooner than sixty (60) days after enactment of the resolution confirming and levying assessments. 13. Installment payments shall bear interest at a rate equal to the effective rate of interest of the bonds that the borough last sold to finance similar improvements prior to enactment of the resolution confirming and levying assessments. Installment payments shall be applied first to accrued interest, then to principal. C. Within thirty (30) days of enactment of the resolution confirming and levying assessments, the director of finance shall mail a statement to the owner of record of each property assessed. The statement shall designate the property, the assessment amount, the time payments are due, and the penalties for past due payments. D. Penalties and interest on past due assessment payments are the same as for real property taxes. Assessments are hens upon the property assessed and are prior and paramount to all liens except municipal tax liens. They may be enforced in the manner provided for real property tax liens. (Ord. 85 -31 -0 §1(part), 1985; Ord. 80 -29 -0 §1(part), 1980). (MB 10/98) Supp. #22 4 -14 4.40.100 -- 4.40.140 4.40.100 Reassessment. A. The assembly shall within one (1) year correct any deficiency in a special assessment found by a court. B. Notice and hearing must conform to the initial assessment procedures. C. Payments on the initial assessment are credited to the property upon reassessment. D. The reassessment becomes a charge upon the property notwithstanding failure to comply with any provision of the assessment procedure. (Ord. 80 -29 -0 §1(part), 1980). 4.40.110 Objection and appeal. A. The regularity or validity may not be contested by a person who did not file with the clerk a written objection to the assessment roll before its confirmation. B. The decision of the assembly upon an objection may be appealed to the superior court within thirty (30) days of the date of confirmation of the assessment roll. C. If no objection is filed or an appeal taken within the time provided in this section, the assessment procedure shall be considered regular and valid in all respects. (Ord. 80 -29 -0 §1(part), 1980). 4.40.120 Dissolution of assessment district. An assessment district may be dissolved by assembly resolution at any time after all assessments have been paid. (Ord. 80 -29 -0 §1(part), 1980). 4.40.130 Costs of improvement -- Assessable costs. A. The costs of an improvement shall include the cost of acquiring interests in real property for the improvement, design, engineering and contract administration, administrative overhead, bond costs and interest incurred to finance the improvement, and all other costs incurred in constructing the improvement. B. The cost of an improvement that is assessable under this chapter shall be the total cost of the improvement under subsection A of this section, less the amount of any grant funds that the borough uses to defray the cost of the improvement. (Ord. 80 -29 -0 §1(part), 1980). 4.40.140 Allocation of assessable costs. In the resolution forming an assessment district, the assembly may adopt any of the following methods which the assembly finds will allocate the assessable costs among the benefitted properties proportionally to the benefit that the improvement will confer on each: A. Allocation of costs on a zone basis; 13. Allocation of costs on a per- front -foot basis; C. Allocation of costs on a per- square -foot basis; D. Allocation of costs on a per -lot basis; or E. Allocation of costs on any other basis that reasonably relates the costs assessed to the benefit received from the improvement. (Ord. 80 -29 -0 §1(part), 1980). (KIB 9/95) Supp. 12 4.40.150 4.40.150 Notice. A. Notice of any public hearing required under this chapter shall be given in accordance with subsections B and C of this section. B. Forms of notice of a public hearing, as follows: 1. publication in a newspaper of general circulation in the borough at least once a week for two (2) consecutive weeks prior to the public hearing; and 2. mailing at least fifteen (15) days before the public hearing to all record owners of property proposed to be assessed under the assessment district. As used in this subsection "record owner" means the person or persons listed as the owner of the property on the current property tax records of the assessor. The notice shall be mailed to the record owner at the address stated in the current property tax records of the assessor. C. Every notice of a public hearing required by this section shall state the date,_ time, location and purpose of the public hearing, describe the improvement, and, for the notice by mail, state the amount of the estimated or actual assessment against the property of the addressee. The notice by mail shall generally inform the addressee of the manner and method of protesting or objecting to the action to be taken at the public hearing. D. The failure of any person to receive any notice required by this chapter, where the records of the borough indicate the notice was provided in a timely and proper manner, shall not affect the validity of any proceeding under this chapter. (Ord. 80 -29 -0 §1(part), 1980). 4 -15 (KIB 9/95) Supp. 12 SERVICE DISTRICT NO. 1 BOARD REGULAR MEETING MINUTES JUNE 7, 2006 @ 7:00 P.M. KODIAK HIGH SCHOOL COMMONS CALL TO ORDER: CHAIR E. MAHONEY, called the meeting to order at 7:35 p.m. ROLL CALL: Present: Sharon Lea Adinolfi Kevin Arndt Ed Mahoney Greg Spalinger Dennis Symmons A quorum was established. VISITOR'S COMMENTS: Absent: Staff: Scott Arndt Jessica Kepley, E/F Charlie Lorenson Bud Cassidy, E/F Rick Gifford, Borough 'Manage' Todd Jacobson, Engineer R &M Consultants, Inc. Louis'.Rocheleau, Contractor BBrechan Enterprises, Inc. Also present were a number of Woodland Acres Subdivision residents. (Please see attached public signitt sheet.) ACCEPTANCE OF AGENDA: It was MOVED, CJ. and SECONDED, K. ARNDT to accept the agenda as presented. The motion CARRIEP unanimously. APPROVAL OF MINUTES: It was MOVES,, a G. SPALINGER, and SECONDED, K. ARNDT to approve the Minutes [17 May 20061, submitted to the Board. The motion CARRIED unanimously. Residents spoke to the Board, stating the majority of the homeowners in Woodland Acres Subdivision desired the roads to paved, emphasizing the paving project was long overdue. Peggy Tuttle, resident of Woodland Acres Subdivision, brought to the Board's attention the need for additional bus stops in the area. The cul -de -sacs in the subdivision are too small for school buses to turn around, causing the children in the area to resort to walking through unsafe conditions to meet the bases in the middle of the most dangerous intersection of the subdivision. As a parent, who is concerned, she urged the Board to resolve the matter, if they could. She also asked the Board to consider addressing additional access roads into the subdivision. Asked to contact the Natives of Kodiak, she discovered that NOK had no plans to open up additional access in the near future. Again, she urged the Board to resolve this matter, also stating that it was a safety issue. If anything happened at the intersection of Curlew and Gull, the residents beyond the intersection would be left with no exit. The subdivision is expecting 9 -10 additional homes, which raises the importance of the issue. Julie Coyle, a Laidlaw bus driver and resident, agreed the cul -de -sacs in the subdivision were extremely too small to attempt to turn buses around. She agreed with the importance and added her voice in encouraging the Board to assist the residents. CHAIR'S REPORT: CHAIR MAHONEY reported replacement sighs had been ordered for the Service District. At the present time the Contractor was digging holes in preparation to install the signs at the beginning of the next week. The CHAIR reported that D -1 had been used to fill the pothole on Selief Lane, temporarily, until the Contractor was able to "Hot Top" the toad. He'd observed that KEA was in the process of digging a trench on Sharatin to work on utilities in the area He was not aware of the extent of the work to be done. E. MAHONEY asked for concetns from the Board, and was told by G. SPALINGER that when applied to the roads in thelService District, calcium chloride was left off of Ocean and Shoreline Drives, andsBr ggs Gircle. OLD BUSINESS: A.WOODLAND krt'1RES PAVING DISTRICT 2006 PAVING PROJECT Residents raised concern over the process that must be taken in order to make progress on the project B Ct'i.asIDY told the audience that at this time, the lot assessment method would go before the! Assembly, and with a recommendation from this meeting the process would continue. T. JACOBSON told the public he had put together a scope of work for the project, based on the recommendation from the last meeting to pave all driveways to the property lines, addressing drainage problems, and identifying additional problems and issues that needed to be addressed through the scope of work. He stated the majority of the cul -de -sacs in the Subdivision were 24' wide, in order to make them wider, as the residents desired, it would require importing fill to extend the width, which would result in additional expenses to the project. All driveways were recommended to be paved up to 24'. From a walkthrough of the site, problem areas were determined and more than just paving will be involved in portions of the project. T. JACOBSON stated although two major issues exist within the Subdivision but don't necessarily affect the residents as a whole, it would be of great benefit if everyone consider combining these issues into one project; urging the residents to support upgrading and improving the Subdivision in its entirety to benefit all and bring the subdivision up to parallel standards. B. CASSIDY agreeing pointed out it would be a better cost effective move to include all projects in one assessment rather than return at a later date to remove the newly applied asphalt in order to address the issues. T. JACOBSON talked about the cost estimate which was separated into 3 parts, one basic bid for the paving of the entire subdivision and 2 alternate additives (drainage on Sean Cr. and grinder pumps on Curlew and Teal). Discussion was held regarding the estimated cost plus a 15% contingency, which the Engineer; was fairly comfortable with He explained the contingency money would include.: the Engineer costs, utility improvements, surveying info and determining the ROW, and any unforeseen expenses. 1t was mentioned to look into the possibility that the City may be held at least partially responsible for the utilities in the sewer system. E. MAHONEY recommended that the City be approached to assist,with funding fbr the project. Ire was told it was on the list of things to pursue. P. TUTTLE asked the''1r gineeiiow long it would take to get approval from the ADEC regarding approval and r aoi g , IlYihesewer system. Approximately 5 -6 months was the answer. B. CASSIDY addressedbit1e audli3 patind told them that although the roads were in the Borough's jurisdiction, tfV & did not have road authority; authorities only came through the Service Are(a�� ;u;! oards, who answers to the Borough Assembly. He also explained that some of the issues regarding Sean Circle stemmed from individuals malting decisions about their own property (i.e. filling ditches, extending parking areas, etc.), thus leading to the Various issues that the project was now facing. He clarified to the attendees that the numbers (project cost estimates) that were being shown were not the true figures, and no one would know what the real cost would be until bids were received on the project. As of now, the costs they were being shown were only the Engineer's estimate. SL. ADINOLFI asked for clarification on what the next steps would be in the process and was told by B. CASSIDY that the next thing that was to happen would be a public hearing that would be held by the Assembly to hear the public's testimony, while simultaneously, he planned to put out an Invitation to Bid, which had to be published for 3 consecutive weeks. T. JACOBSON recommended that when going before the Assembly the residents ask for the base bid and alternates to be considered as one project; there may be increment burdens to the public in the total assessed value of each piece of property, however he felt that in the long run the cost would be minimal compared to corning back to address the major issues that need resolution. He told the audience the next step of the Engineering firm was to have surveyors come over to get accurate surveys of the Subdivision and assured the audience there was room to include two parallel sewer systems for the Subdivision. R. GIFFORD explained at the public hearing on July 6 the Borough Assembly would either make a decision on the project that evening based on the recommendation of the public and the Board or they would ask for additional information to be provided. B. CASSIDY told the audience that notices would be sent out to the public by the Borough, notifying all of the hearing that would go before the Assembly. E. MAHONEY asked for the pleasure of the Board on how to proceed with the project or recommendation to the Assembly. G. SPALINGER recommended to move forward with the project addressing the drainage and sewer issues now. He referenced the Island Lake project which has seen tremendous amount of problems because things Were not addressed when they should have been during the paving project. He recommer{ led that the sewer an4'kvater lines be extended to and stubbed out at the property lines andiasked that both alternates be included with the paving, as one project and suggested the assessment be divided per lot, duplexes counting as one and a half lots. K. ARNDT suggested keepin tl'the project as simple as possible, keeping all three portions of the project tdgnhe €'as o ect dividing the assessment per each lot, and stating if the City Would not dress t itsr'gd Wei issues, it should be covered by the project. SL. ADINOLFI encouraged mil ent on the Agenda to the Assembly to keep the protect wing forward. , � 3I D. SYMMONS said he would like to see the Board and the Community work in "unity" to get the project accomplie E. MAHONEY told the Board that he would like to present to the Assembly a recommendation to address at the Public Hearing to be held on July 6 and would also like to get any policy issues addressed by the Assembly at the same meeting. He asked if the Board would like to make a recommendation to the Assembly. It was MOVED, K. ARNDT and SECONDED, D. SYMMONS to recommend to the Assembly to move the paving project forward including the base cost and the two altemates as one project, payment to be dealt on a 15 year basis, based on a per lot assessment, based on the total number of lots in the Subdivision (188). A roll call vote was taken and the motion CARRIED unanimously. G. SPALINGER asked if two public hearings would be required to move the project forward. R. GIFFORD replied that only one hearing would be required as long as the Assembly did not ask for additional information to be provided, holding off a decision at the meeting on July 6 L. ROCHELEAU told the public that it was feasible to see a majority of the paving project completed by the end of the season. He recommended as seen by past projects it is better to complete the sewer and drainage issues first, then lay down the asphalt all at once to avoid unnecessary construction issues. This concluded the public meeting regarding the Woodland Acres Paving District. The Board meeting was resumed and continued with the Agenda items. NEW BUSINESS: A. Calcium Chloride Discussion was held regarding the amount that would be needed for the summer and winter seasons; and storage for the calcium chloride. It wtiM! MOVED, G. SPALINGER and SECONDED, K. ARNDT to purchase 20 tons of calcium chloride FOB Kodiak from the low bidder, Round Butte Products m? The amount of $10,788. The motion PASSED unanimously. BOARD COMMENTS: SL. Adinolfi: Felt she was notsure what the Board's role or responsibility was regarding the Paving - project, ; ether than to bring the recommendation from the public to the Assembly. She felt itliwgs impbftant that the Board make sure the ditches in the Service District were being proj maintained. She recommended that when other entities (such as KEA, presently) had ri Jc scheduled to be done in the District, that they coordinate with the Board to ensure that the impact to other Board assigned projects and the Service District budget was minimal'. It was of import that the Board be kept aware of any other projects scheduled for thebistrict. K. Arndt: Agreed with SL. Adinolfi. He was not aware if B. Cassidy or anyone else on the Board was notified that work was being done on Sharatin by KEA. E. Mahoney: Told the Board that signs were scheduled to be installed at a minimum of $200 /ea. He had not presently asked that ditching work be done, but was aware that there were a few places that needed it. He reported that trying to get the other Service Area Boards together for the joint work session was tough going at the time, due to the other Chairs' summer schedules. J. Kepley alerted him at this point, that the WB Chair had contacted her to inform the SDI Board that WBSD Board was not interested in a joint Work session at this time, however if a meeting were td be scheduled the Chair planned on attending if notified of said meeting. E. MAHONEY stated although it was a struggle to find a happy medium regarding the Paving project, he was glad the Board was solid on the recommendation to the Assembly and of relaying the public's testimony to them. G. Spalinger: None. D. Symmons: Said he was happy to see that something was accomplished on the Paving Project, but he noticed a gap or stereotype between the Community and the Board/Borough which he hoped could be bridged /remedied. MEETING SCHEDULE: There was no meeting scheduled at this time. ADJOURNMENT: There being no further business, the meeting was adjourlied at 9:10 p.m. SUBMITTED BY: JessicaiKepley, Secretary KID rr En / Facili APPROVED BY: Ed Mahoney, Chair Service Area No. 1 Board Date: Date: Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 20, 2006 Item No. 13.A.1 Contract No. 2007 -06 Providence Kodiak Island Counseling Center for Counseling Services to the KIB School District for School Year 2006 -2007. Attached is the Agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling Center ( "Contractor ") setting forth the terms and conditions pursuant to the Contractor providing mental health services for the Kodiak Island Borough schools. The Contractor has worked with the School District to identify and document a mutual understanding of the program's scope and requirements with a focus on ensuring the greatest amount of quality service within the budgeted amount of $381,350. FISCAL NOTES: ACCOUNT NO. 100 - 180 - 430 -165 N/A EXPENDITURE REQUIRED: $381,350 AMOUNT BUDGETED: $381,350 APPROVAL FOR AGENDA. reet Recommended Action: Move to award Contract No. 2007- 06 with Providence Kodiak Island Counselling Center for school year 2006 -2007 in an amount not to exceed $381,350. Jul 10 06 09:41a THIS AGREEMENT is entered into by and between thc Kodiak Island Borough, Alaska ("Borough") and Providence Health System Washington dba Providence Kodiak Island Counseling Center. ( "Contractor ") for the purpose of setting forth terns and conditions pursuant to which the Contractor shall be contracted to provide mental health services. WiTNESSETH Providence Valdez Medical 19078341887 p.2 MENTAL HEALTH SERVICES WD7 Section 1. INTENT OF AGREEMENT. The Contractor is hereby contracted to provide a Mental health in the Schools Program as described in the attached annual collaborative plan and fulfill all of the mental health services required by funded grants through the State of Alaska Department of Health and Social Services for community mental health program services. Contractor agrees to be bound by the same collaborative plans and grants. Section 2. SCOPE OF WORK. During Fiscal Year 2006, the Contractor shall provide the stalling required to deliver the services specified in the mental health in thc schools collaborative plan and the grants from the State of Alaska. The Contractor will complete all documentation, billing and reporting as specified. The Contractor shall submit a monthly activity report of all activities of the Contractor by the 1.0 following the end of each month to the Borough Manager and the School District Superintendent. Futhermorc, the Contractor shall provide financial summaries to the Administrative Service Review Team meetings to be held quarterly beginning in calendar year 2006 as mutually agreed to by all parties. Section 3. TERM. Unless earlier terminated, this agreement will remain in effect beginning July 1, 2006 and ending June 30, 2007. This agreement will correspond with the Lease Agreement currently in effect between the Kodiak island 13orough and Providence I lealth System - Alaska. At any time either the Borough or the Contractor may terminate this agreement by 30 days written notice to the other party. This agreement shall terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. This agreement shall terminate 30days from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to termination. However, this agreement will not terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. if this notice is given before 30 days have passed after a. written termination notice has been given, the running of those 30 days shall he tolled for 60 days. During this 60 -day period, the parties will negotiate in good faith. This agreement shall remain fully in force during the 60 -day negotiation period. if the issue has not been resolved to the satisfaction of both parties by the end of the 60 -day period, then the 30 -day termination period, if applicable, will begin running again from where it stopped. Jul 10 06 09:41a Providence Valdez Medical 19078341887 Section 4. COMPENS.ATION. Compensation for all services rendered under this agreement, Contractor shall be paid quarterly in 4 equal installments beginning on October 1.2006 of $95,337.50 for a total fiscal year 2006 contract amount of $381350. IN WITNF,SSETH WHEREOF the parties have executed this Agreement on this day of July 2006. KODIAK ISLAND BOROUGH Rick Gifford, Borough Manager ATTEST: Borough Clerk Providence Health System - Washington, dba Providence Kodiak Counseling Center Repre. ntative P. 3 KODIAK ISLAND BOROUGH SCHOOL DISTRICT /PROVIDENCE KODIAK ISLAND COUNSELING CENTER/KODIAK ISLAND BOROUGH SCOPE OF SERVICES FOR THE SCHOOL CLINICIAN PROGRAM FOR THE 2006 -2007 SCHOOL YEAR The Kodiak Island School District (KIBSD), Providence Kodiak Island Counseling Center (PKICC) and the Kodiak Island Borough (KIB) work together in a trilateral agreement to provide school based mental health services. The School Clinician Program funding is appropriated by the Kodiak Island Borough and is reflected as an in -kind budget agreement between the KIBSD and the KIB. Funds for School Clinician Program services are provided to PKICC through a monthly budgetary process. The purpose of this program is to provide quality mental health services to the town and rural schools of KIBSD. Services are generally offered in the schools but also may occur in a variety of settings based on a treatment plan developed to meet the emotional needs of individual students. Services include: SERVICES 1. Mental Health counseling for students, including individual, family, and group counseling as needed, with prioritized services to students with IEP recommendations. 2. Private school students on IEP's may receive mental health services recommended by the IEP team in the public school setting. 3. Consultation with teachers, counselors, school psychologists, and school administrators. 4. Assistance in the development of behavioral management strategies for identified students. 5. Assistance in referral of identified students to appropriate community resources. 6. Topic focused psycho educational classes and groups. 7. Crisis intervention services for acutely distressed or suicidal students. 8. Critical Incident Debriefing. 9. Psychiatric evaluation services (3 hours per month). 10. Services during summer school. 11. Availability for staff training upon request. 12. Availability for parent training upon request. COLLABORATION To foster good communication and collaboration between KIBSD and PKICC, a Core Group representing administrative and counseling staff will meet monthly throughout the year. STAFFING PKICC will work with KIBSD to provide an integrated approach in the treatment of Kodiak Island Borough students and families utilizing the skill and expertise of School Clinicians as well as other PKICC staff when needed to provide support and quality mental health care. This includes services by the PKICC Clinical Director /Board Certified Psychiatrist, other multi - disciplinary team members, and the PKICC Director. The School Clinician Program will be staffed with five Clinician 1 FTE's providing direct service within the schools and .3 FTE for supervision by a licensed professional counselor or social worker. *Staff assignments will include tow FTE's in the High School /Learning Center, one FTE in the Middle School, two FTE's in the Elementary Schools. Each staff member will have one or more village responsibilities. Changes in staff assignments will be discussed with and agreed upon by the KIBSD Director of Special Services. *PKICC will designate all but one of these positions as ten month paid positions, in accordance with the School Calendar. One School Clinician Program position will be a twelve -month position. *This year Clinician l's will travel to the villages of Ouzinkie, Port Lions, Old Harbor, Akhiok, Chiniak, Larsen Bay and Karluk each month. Each visit will provide at least one school day of service to students. To facilitate collaboration and increase support for village school staff Clinician 1's will initiate regular e-mail communication with designated village school staff and structure their schedules to allow for support. Clinician 1's will also participate in teleconference meetings with village school staff as scheduled by both KIBSD and KANA. *A Clinician 1 will provide School Clinician Program services during the summer, in town and in a village school as needed. These services will be prioritized for students on Individual Education Programs. *Unfilled positions or leave of more than 10 consecutive school days will be discussed with the KIBSD and additional staff within PKICC will be appointed to provide coverage for the caseload. If additional staff is not immediately available within PKICC, the center will advertise for a shor- term or long -term position. *Psychiatric evaluation services will be provided for up to 3 hours per month as part of the scope of services agreement. *PKICC will provide monthly service reports that detail the number of service days provided by each School Clinician to the village and town schools. Specific dates for leave of absence or unfilled positions will be provided as well. These reports will be due by the 1 Oth of each month and will be provided to the KIBSD and the KIB. JOB CLASSIFICATIONS AND DEFINITIONS CLINICIAN 1 Entry -level clinical position providing mental health service to children, adolescents and adults. Caseload is lower and services provided are less complex than Clinician II and III. Provides crises and emergency services as needed. Requires the ability to function with supervision. Is responsible for taking calls for emergencies on a rotating basis. CLINICIAN II Provides quality mental health services to children, adolescents and adults. This is an on -call position that provides crisis and emergency services as needed. Requires the ability to function with supervision. CLINICIAN III Provides complex, high -level mental health services, including crisis and emergency services to adults, adolescents and children. May coordinate or supervise staff. Requires the ability to function independently while communicating and coordinating activities with supervisor or other staff. This in an on -call position. PSYCHIATRIST (Clinical Director) The Clinical Director supervises all clinical activities of the Providence Kodiak Island Counseling Center. The Clinical Director also assists with the management of all program activities and operations in partnership with the Director. Consults with the Director on all Center activities and functions. As a member of the Center's management team, is responsible for coordination of clinical mental health services and is capable of acting both independently and interdependently as responsibilities dictate. Provides complex, high -level mental health services as appropriate to professional credential and Center needs, including crisis and emergency services to adults, adolescents, and children. Supervises, evaluates, and coordinates activities of clinical personnel engaged in providing mental health services throughout the Counseling Center, managing all clinical services within accepted standards of mental health practice. PKICC DIRECTOR The Director supervises all administrative activities of the Providence Kodiak Island counseling Center. Plans operations and coordinates with Team Leaders; Consults with the Clinical Director on all Center activities and functions. Resolves conflict between groups and individuals. Analyzes and evaluates staffing, goals and objectives, budgets, financial strategies, and operating functions. SCHOOL CLINICIAN PROGRAM TEAM LEADER Manages School Program, supervises school clinicians, and ensures program provided services consistent with the accepted mental health practices. Member of agency's Management Team. Provides direct clinical services and emergency on -call coverage on a rotating basis. REFERRAL SERVICES Services provided in the school setting will be predominantly psycho educational or behavioral in nature. Students with a significant psychiatric disorder, or those who may be appropriate to receive, or are already receiving, therapeutic services will be referred to PKICC or another appropriate agency or private practice individual, with parental or guardian consent, for treatment. These services are not provided, as a provision of this agreement and families will make both clinical and financial arrangement directly with that agency or individual. Providence Kodiak Island Mental Health Center will bill individual insurance companies and /or families as appropriate and will provide a Sliding Scale Fee Program to qualify referred clients. School staff, Clinician l's, agency provider, and private practice individuals will work collaboratively in the best interest of the student and family. / ✓ ��% � 4TH � Welb�'Jensen .D., Clinical Erector Providence Kost / ak Island Counseling Center Melanie Nelson, Director, LCSW Providence Kodiak Island Counseling Center Rick Gifford, Borough Manager Kodiak Island Borough B -tty Walter uperintendent Kodiak Island :orough School District I if Heather Wheeler, Director Special Services Kodiak Island Borough School District FY 2007 NON - PROFIT FUNDING BUDGET DETAIL Organization 2004 ACTUAL FUNDING 2005 ACTUAL FUNDING 2006 BUDGETED FUNDING FY07 NON- PROFIT REQUEST Proposed FY07 FY07 ASSEMBLY ASSEMBLY FUNDING FUNDING HEALTH & SOCIAL SERVICES - Budget $ 229,880 $ 229,880 1 American Red Cross $2,500 $2,500 $2,500 $3,500 7,000 2 Brother Francis Shelter 34,584 34,584 37,895 40,000 38,000 3 Hope Community Resources 5,000 5,000 5,000 5,000 5,000 4 Kodiak Area Transit System 10,000 9,996 10,000 10,000 10,000 5 Kodiak Baptist Mission -FOOD BANK 30,000 25,000 25,000 32,500 25,000 Kodiak'Council on Alcoholism -SAFE HARBOR 22,110 22,110 0 0 0 6 Providence Kodiak Island Counseling Center/ SAFE HARBOR 21,060 21,060 21,060 7 Kodiak Island Health Care Foundation - CLINIC 0 0 25,000 50,000 10,000 8 Kodiak Women's Resource & Crisis Center 41,248 41,248 42,554 46,009 46,000 9 Salvation Army 9,060 9,060 9,060 11,000 9,060 10 Senior Citizens of Kodiak 27,720 27,720 27,720 28,000 28,000 11 Special Olympics 7,000 6,780 6,780 7,000 7,500 12 Threshold Services 10,315 10,315 10,315 10,315 10,315 HEALTH & SOCIAL SERVICES SUBTOTAL $ 199,537 $ 194,313 $ 222,884 $ 264,384 $ 216,935 $ - Amount Available - Health and Social Services $ 12,945 $ 229,880 EDUCATION, CULTURE & RECREATION - Total Budgeted $ 155,220 $ 155,220 13 KANA WIC & ILP (FAMILY CENTER) $ 12,000 $ 7,200 $ 12,000 $ 12,000 12,000 KIB LIBRARIES 21,000 18,000 21,000 21,000 21,000 20 KMXT Public Radio 7,500 I 7,500 7,500 I 7,500 I 7,500 21 Kodiak Arts Council 15,000 12,000 15,000 15,000 15,000 Kodiak College Approved 60,000 60,000 72,000 60,000 60,000 60,000 Kodiak College - Additional 12,000 12,000 22 Kodiak Football League 5,000 2,000 3,000 3,000 3,000 23 Kodiak Girl Scouts 2,050 1,000 1,000 1,200 1,000 24 Kodiak Head Start 8,135 8,135 9,623 9,000 9,000 25 Kodiak Island Sportsman's Association 5,400 2,000 4,000 5,400 4,000 26 Kodiak Little League 5,600 3,000 3,000 7,500 3,000 27 Kodiak Historical Society - BARANOF MUSEUM 4,500 4,500 4,500 6,000 4,500 28 Kodiak Maritime Museum 2,000 2,000 5,000 1,000 29 Kodiak Teen Court 8,705 0 3,600 3,600 5,100 Kodiak Youth Services 7,500 0 0 0 0 St. Mary's School 1,097 0 0 0 0 EDUCATION, CULTURE & RECREATION SUBTOTA $163,487 $127,335 $ 158,223 $ 168,200 $ 158,100 $ 60,000 Amount Available - Education, Culture, and Recreati on $ (2,880) $ 96,220 Total Budget $363,024 $321,648 $ 381,107 $ 432,584 $ 385 100 $ 385,100 Total Contributions budgeted $ 375,035 $ 60,000 Total Amount Available $ 10,065 $ 325,100 Kodiak Island Borough, Alaska Resolution No. FY2007 -05 Page 2 of 2 Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 20, 2006 Approving Fiscal Year 2007 Kodiak Island Borough Non - Profit Funding. This resolution is the framework in which the Assembly distributes the Borough funds set aside in the Fiscal Year 2007 budget to various non - profit agencies. Recommended motion: Move to adopt Resolution No. FY2007 -05. Item No. 13.B.1 Resolution No. FY2007 -05 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING FISCAL YEAR 2007 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non - profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non - profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough fiscal year 2007 budget includes contributions to non - profit organizations in the amounts indicated on page two of this resolution. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2006 ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CnC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY2007 -05 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Manager Gifford Introduced: 07/20/2006 Adopted: KODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska Resolution No. FY2007 -05 Page 1 of 2 Kodiak Island Borough, Alaska 5 Resolution No. FY2007 -05 Page 2 of 2 i Financials included? 99A buipued s3A via SSOK 1 93A s 3A s3A 99A 93A 99A 93A 83A s3A 93A 93A 1 6upued 93A 90A 1 93A 99A 99A 93A 90, AInf 501(c)3 on file saA 1 s 9A s3A s3A s3A s3A 99A s3A s3A saA 93A s3A saA • • p ..�. saA s3A saA s3A 93A 93A 93A s3A s3A s 3A 1Ir FY07 NON- fl Ut E Application PROFIT ASSEM Rec'd? (due REQUEST 4/03/06) 1 $ 3,500 1 $h,00‘ 1 Yes $ 40,0001$, ,CD Yes 93A 00Q:9$ 1 000'5 $ $ 10,000 1 $its eQfl Yes saA (p' P,$ 009'2£ $ $ $ $ 21,060 sal,o C 5/2/2006 93A 3 $ 1 000 $ o,tto1 Yes $ 11,000 1 *kWtj( $ 28,000 $7,5 fXi Yes $ 7,000 $q%O 4/4 /2006 $ 10,315 $1D,IC1 4/11/2006 '17C - I - $1 ve£'v9Z saA I QC/ $ 000 $ - $ - $ l ')Ql LP Id 0 1„ 1 saA ()i ''LI$ 009'L $ $ 15,000 $ Ie - eo_Q, Yes 1 L,$ - $ 93A 009'rt $ 000'£ $ 93A 1005) $ OOZ' 6 $ saA 009'b $ 000'6 $ $ 5,400 $ 4,000 5/1/2006 1 1 sal. 00Q, $ 1 009'1. $ saA IQ141,,11 $ 000'9 $ $ 5,000 $ Ii Yes saA I 00-4$ 1 009t $ - $ - i k Y "1 - $ - $ U U . v _ $ ootsz $ r,-7 - t I f L„ n01 b1J nal° $ vas's££ $ oos`z $ 1$ 37,895 000 $ 1 $ 10,000 $ 25,000 1$ 21,060 $ 25,000 $ 42,554 090'6 $ 1 $ 27,720 08L'9 $ $ 10,315 $ 222,8841 s00 1 -000'£ $ 000'£ $ 000 $ 000 $ 000t $ 000 $ 000'£ $ 009 $ $ 15,000 $ 72,0001 J 00 0t $ 1.000'6 $ E39'6 $ 000' $ 1.000'£ $ 009'b $ 1.00'6 $ 009'E $ 69 69 £zCLS6 $ L0L'O8£ $ 2005 ACTUAL FUNDING $ 2,500 $ 34,584 $ 5,000 _966'6 $ 1 000'9Z $ $ 22,110 $ 41,248 090'6 $ $ 27,720 out $ 96£'06 $ £i£`46•$ $ 7,2001 000'81. $ $ 7,5001 $ 12,000 1 000'09 $ $ 2,0001 000'• $ 1 Ss6'8 $ $ 2,000 $ 3,000 009'4 $ 1 $ 69 69 J s££`LZ6$ 8P9`1ZE$ (GET DL 2004 ACTUAL FUNDING 009'Z $ $ 34,584 $ 5,000 $ 10,000 $ 30,000 $ 22,110 a0ea 1$ 41,248 $ 9,060 $ 27,720 $ 7,000 9l.£'ol $ $199,537 1 $ 12,000 0 $ Loon. $ $ 15,000 1 0 00'09 $ 1 0 00t $ 090'? $ $ 8,135 004'9 $ 1009'9 $ $ 4,500 $ 8,705 1009'L $ L60' L $ $163,487 $363,024 rY 2007 NON - PROFIT FUNDING BUC Organization LTH & SOCIAL SERVICES American Red Cross (Brother Francis Shelter Hope Community Resources Kodiak Area Transit System Kodiak Baptist Mission -FOOD BANK Kodiak Council on Alcoholism -SAFE HARBOR Providence Kodiak Island Counseling Center/ SAFE HA Kodiak Island Health Care Foundation - CLINIC Kodiak Women's Resource & Crisis Center Salvation Army Senior Citizens of Kodiak Special Olympics Threshold Services 1V1018f1S S3OIA213S 1V10OS'2 H11V3HI 0 w [EDUCATION, CULTURE & RECREATION KIB LIBRARIES City of Kodiak Library City of Old Harbor Library : ,,,,,,n,yn,ne. • Chiniak Library KMXT Public Radio Kodiak Arts Council Kodiak College Kodiak Football League Kodiak Girl Scouts Kodiak Head Start Kodiak Island Sportsman's Association Kodiak Little League Kodiak Historical Society-BARANOF MUSEUM Kodiak Maritime Museum 1 Kodiak Teen Court Kodiak Youth Services St. Marys School CATION, CULTURE & RECREATION SUBTOTAII -1V1011 T1 1 L I 18 1 61 O6 1 166 I Z6 co In 1 Isi 1 96 ILL 181. 1 166 1 loz 1 6Z zz I£z I t'? 15? 1 9Z L Z 1 18z 1 1 1 f103I Kodiak Island Borough, Alaska 5 Resolution No. FY2007 -05 Page 2 of 2 i KODIAK ISLAND BOROUGH RESOLUTION NO. FY2006 -02 Introduced by: Manager Gifford Requested by: Assembly Drafted by: Manager Gifford Introduced: 07/07/2005 Adopted: 07/07/2006 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING FISCAL. YEAR 2006 KODIAK ISLAND BOROUGH NON - PROFIT FUNDING WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non - profit organizations that provide services that enrich our lives; and WHEREAS, Kodiak area charitable non - profit organizations provide humanitarian services that many of our community members rely upon; and WHEREAS, these organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget; and WHEREAS, these organizations expand the services that can be provided, with limited funds, through the utilization of volunteers; and WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in the community; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Kodiak Island Borough fiscal year 2006 budget includes contributions to non - profit organizations in the amounts indicated on page two of this resolution. ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTH DAY OF JULY 2005 t die t0� u dith A. Nielsen, M C, Borough Clerk Kodiak Island Borough Alaska KODIAK ISLAND BOROUGH Y�I J me M. Selby, Ma Resolution No. FY2006 -02 Page 1 of 2 > J f'} a IG Z _ W O N w= LL <n 1 pp 9 69694343 o 9 6 i 6n O 007 000 40 NNOO o p 00 6pQ 0 O � j N ' 00 NNNOON 6943 NN totppoo ' i..p.; o n �} r W � -O Q7 4940 Nn op00 0000 r' O m VY N r 69490696900 r .t M'INN C00 L n o ' `F1, r 00 g O O td1---c 64694 �' ' I eI nniti s l tsano3a 11dOad -NON 900Z f0 ("7Nu7o 44 o m 0 - oN 43 49 r d3 V1 M 44 69 ((" m 6900006900 ' ( rN 00W W N N w T 6900690000440490000 6g 0 . 03. 00 N N ul r ^ 6nN r NNN t N O 6D 07 C9 N N t� N ". 2005 ASSEMBLY FUNDING 4 1 c.i 006769 00 go 4477 i tn CNV 0 N (wV 69 'N. 694 4 r Q V 43 $'8091f12. .-ir 07N(0001 6 1 O 1 ti §QQ ON 6949 677.25 <� 69 QQ 69 O1.,wmt tO 44496 5Q �O q N � 04919 ' O o N 1W9 t o N e- 4* ONIONnd. Al8WBSSV *00? 6f1 fV 6943694344 u V CCJJ 6n poO O 0 N El 69 ' 69696944446944* NOO ; N Oi NO N ^: M O f N .-- W 69 N N I� .00..... O 0 O u 7 N N V 0 ( 0 .4 N 0 07 r 69H N r 2003 ASSEMBLY , FUNDING 477t 04 er 44 f7 6343496969 0000 N rr m N CV ' 44 o0S000007�D N V 69696969696949 to r r o f N. N I� M r V h N iV 07p p Op pBS p p tA0 o 0 444469696949496949 r N f W W r O 1O 1 n N N 0 8 8 (D V 1 69 O 63 69 o 0 N N- r 696 e, r FY 2006 NON - PROFIT FUNDING BUDGET DETAIL 0 NO vpzZr6nc� o ,-7 Q 11 = 1 c Q*�� ¢¢o Ell W 4C w0w0 U O m w to w 4. 0 W Q <m° _0 0 0 i_ _ 0 ¢aU O < I 0 2 O _ -, O 0� O¢ CC co °zN p W t QU00 Z 003 ? ¢ Ow m �Z 0 O 0 w U y O O W U N } 1.- ~¢ >0o_ 0 Y m9 J y O 1 4 6 . (0 0 00E Z M — ¢ W W wQ w.JJ Q I- fl mD DiW y sows Q o i o 07 m N IL 0 U W J¢ U 9. 7 O W Y J Y OZ ED " -U w mQ �p v 1-00 FF X Y J O < O O Y w U 6 O O Y ww o>- ¢ J < Q C z a � a Z G Y Y ytY OJmmJ'� 0 0 - -- U Y 0 0 V9 co cn I_ 0 O Y J Z W 2 m i Q U 2 r z O O Y 0 -- O O Y OO W w 1J -N O Y Y 0 ED n C F ° t ° W n O U N W V a � 6.2 } N � LL Z o k ¢� O a U Z 0 ow C< zz 0 X c5 of zd J Z 0 > 0 Y Is1o19ng suut all.,.,v..a n 1 1 i > ' (1) w cc W H LL re O Dr 0 z (0 8 Kodiak Island Borough Alaska Resolution No. FY2006 -02 Page 2 of 2 Memo To: Rick Gifford, Manager From Tom Anderson, Assessor Date: July 14, 2006 Re: Disabled Veteran late file waiver Rick, • Assessing Department Kodiak Island Borough In accordance with your request, I have reviewed our records regarding the Aaron Walton property. Based upon ownership and occupancy, we have determined that this property met all requirements for the disabled veterans' exemption for 2005. The assessed value of the property that year was $108,700. The law provides for the exemption to apply up to $150,000, which means that the entire value should have been exempt and the tax bill zero. The total applicable mill rate for the Women's Bay area was 14.25 and the taxes outstanding for 2005 are $1,548.98. We respectfully request that the Borough Assembly grant Mr. Walton a waiver of his failure to file timely for this exemption. Let me know if you require any additional information in this matter. Thanks, Tom Kodiak Island Borough AGENDA STATEMENT Regular Meeting of July 20, 2006 Item No. 13.D.1 Waiving of the Claimant's Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed for a Disabled Veteran for Tax Year 2005 (Mr. Aaron Walton.) AS 29.45.030(f) allows the Assembly to waive the claimants failure to make timely application for exemption and allow the Assessor to reimburse Mr. Walton for tax year 2005. APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to waive the Claimant's Failure to Make Timely Application for Exemption and Authorize the Assessor to Accept the Application as if Timely Filed for a Disabled Veteran for Tax Year 2005 (Mr. Aaron Walton.) KODIAK ISLAND BOROUGH Assessing Department MEMORANDUM TO: Rick Gifford, Borough Manager �p FROM: Debra Rippey, Appraiser Technician Y/ - THROUGH: Tom Anderson, Borough Assessor DATE: June 27, 2006 SUBJECT: Late File Disabled Veteran Aaron Walton has submitted the attached Disabled Veteran property tax exemption application for tax year 2005. He is applying for this exemption as a late file Disabled Veteran. As stated in his late file affidavit, Mr. Walton was notified of his disability rating on October 12, 2005. The decision states his service connected disability was granted with an evaluation of 50 percent effective October 28, 2004. Mr. Walton qualifies for a property tax exemption for tax year 2005. This application is requesting exemption for a prior tax year of which the Assessor does not have authority to waive the claimant's failure to make a timely application. As stated in KIBC 3.20.080(D). Please review the attached application for approval of a late file Disabled Veteran exemption for tax year 2005. Thank you. 2005 DISABLED VETERAN PROPERTY TAX EXEMPTION APPLICATION FAILURE TO COMPLETE THIS FORM IN FULL MAY RESULT IN DENIAL OF EXEMPTION DATE AARON WALTON 12364 RUSSINA LOOP RD KODIAK, AK 99615 SPOUSE: MICHELLE SPOUSE'S DATE OF BIRTH: 04/01/1975 LEGAL ADDRESSS: RUSSIAN CRK LT 6A PHYSICAL ADDRESS: 12364 RUSSIAN LOOP RD ACCOUNT #: 111111 I11! IIIIIIIIIIIIII11111IIII�IIIII11111III 11 11 �II� ‘4 R9004001060 I HEREBY APPLY FOR THE DISABLED VETERAN PROPERTY TAX EXEMPTION AS PROVIDED FOR IN AS 29.45.030(E), FOR THE 2006 ASSESSMENT YEAR. I CERTIFY BY SIGNING BELOW THAT THE INFORMATION ON THIS APPLICATION IS TRUE AND CORRECT. I ALSO CERTIFY THAT THE ABOVE PROPERTY IS MY PRINCIPAL RESIDENCE, THAT I RESIDED ON THE PROPERTY MORE THAN 180 DAYS IN 2005, AND THAT OTHER THAN AS NOTED I HAVE NOT HAD ANY COMMERCIAL OR RENTAL USE OF THE PROPERTY DURING 2005. I FURTHER CERTIFY THAT I AM AWARE A FALSE STATEMENT IS PUNISHABLE BY FINE OR IMPRISONMENT AS PROVIDED FOR IN AS 11.56.210 AND DENIAL OF AN EXEMPTION FROM PROPERTY TAXES. ARE YOU THE OWNER OF THE LAND AND IMPROVEMENTS LISTED ABOVE? YES fbI\;) NO PERCENTAGE OF THE PROPERTY USED FOR COMMERCIAL/RENTAL PURPOSES IN 2004. & ?W DID ANY OTHER PARTIES RESIDE ON THE PROPERTY IN 2004? YES NO — Lt.) DID YOU RECEIVE A PERMANENT FUND DIVIDEND FOR 2004? YES Pti'ThJ NO HOW MANY DAYS DURING 2005 WERE YOU AWAY FROM THIS RESIDENCE ? URRENT YEAR V.A. DISABILITY DOCUMENTATION SIGN pTU*.E OF APPLICANT 7 I OL OFFICIAL USE ONLY New Filing Approved PFD 2004 Denied KODIAK ISLAND BOROUGH ASSESSING DEPARTMENT 710 Mill Bay Road • Kodiak, Alaska 99615 Phone (907) 486 -9353 • Fax (907) 486 -9395 E - mail: drippey @kib.co.kodiak.ak.us SIGNATURE OF WITNESS a 74 DA WITNESS NAME - PRLNTE WITNESS ADDRESS WITNESS CITY, STATE, ZIP DATE OF BIRTH: 7/29/1970 SSN #: TELEPHONE: 907 487 -2180 TCA: 9 SCHOOL DIST: KISD YE) NO Please return to the Kodiak Island Borough Assessing Department in the enclosed return envelope before the filing deadline of January 15, 2005. If you have any questions, please contact our office at 486 -9353. I, A AItatJ W f\ QtY 3 am applying late for my 2005 Disabled Veteran Tax Exemption for the following reason: Z 6.1Psg No r t m Ocr 20 s A3c aer r1y btS 3ufrY CLPm . TN.E DDS wE1ZE RErRo 'aavg " o CT 2004 INS sr, TN L.e EW- FROK 1144. beibPPRThkekti VETEAAr aS /ttFA W141:0 -t fl Aimc,W et) , z knv O N EV & Goa TN Roo & The PRoCES5 of F=L S FOR TW.X CSC Er*nnDti $n3 C.1; y ¥{ V E DN Ly RQsce r?t Y L (Jtfr c. A D E3 VET . - ass -off DATE SIGNATURE KODIAK ISLAND BOROUGH 2005 DISABLED VETERAN PROPERTY TAX EXEMPTION LATE FILE AFFIDAVIT DEPARTMENT OF VETERANS AFFAIRS REGIONAL OFFICE AARON F. WALTON VA File Number ISMS Represented by: DISABLED AMERICAN VETERANS Rating Decision October 12, 2005 INTRODUCTION The records reflect that you are a veteran of the Peacetime and Gulf War Era. You served in the Marine Corps from May 30, 1989 to June 23, 1993 and the Air Force from January 15, 2004 to October 27, 2004. We grant service connection for a disease or disability that began in military service or was caused by some event or experience in service. You filed an original disability claim that was received on April 21, 2005. Based on a review of the evidence listed below, we have made the following decision(s) on your claim. DECISION Service connection for is granted with an evaluation of 50 percent effective October 28, 2004. EVIDENCE • Service medical records for the period of May 30, 1989 to June 23, 1993. Sery ice medical records for the period of January 15, 2004 to October 27, 2004 were unavailable for review. If these records are received at a later date, this decision will 3.20.080 B. All property used exclusively for religious, educational, or charitable purposes, such property used for religious purposes to be deemed to include the residences of a pastor, priest, or minister of such religious organization and to further include all other property of such organization not used for business, rent, or profit. Property of any religious, educational, or charitable organization from which the organization derives any rentals or profits shall not be exempt. Unimproved or vacant real property of any such organization which is not currently used for religious, education, or charitable purposes shall be deemed to be property held or used for profit, unless by deed restriction or otherwise the real property has been effectually dedicated to future use for religious, educational, or charitable purposes only and cannot be sold or used for any other purposes; C. The property of any organization which is not organized for business purposes and whose membership is composed entirely of veterans of any wars of the United States, as recognized and chartered by the Congress of the United States, and the property of the auxiliary of any such organization. Property of any such veteran's organization or auxiliary from which the or : anization derives any rentals or profits shall not be exempt; the event that a claimant fails to apply for an exemption provided by AS 29.45.0 I(e) by January fifteenth of the asses t ear for which the exemption is sought, Da during the same year, the borough assessor fo ood cause hown may waive the claimant's failure to make timely application for the exemption for that year and shall accept the application as if timely filed subject to the provisions contained in AS 29.45.030(E). Good cause shall include but not necessarily be limited to: 1. mistake; 2. inadvertence; or 3. excusable neglect; E. The private interests, other than fee simple record ownership, in real property of an individual residing in the property if the property has been developed, improved, or acquired with federal funds for low - income housing and is owned or managed as low- income housing by the Alaska State Building Authority or a regional housing authority formed under AS 18.55.996. This section does not prohibit the borough from continuing to receive payments in lieu of taxes authorized under federal law. This section applies only to those low- income housing units in existence prior to January 1, 1989, hence, any new projects, real property acquisitions and additions to the existing properties after January 1, 1989, shall require an ordinance of the assembly prior to the granting of an exemption under this section; F. The increase in assessed value of improvements to real property if an increase in assessed value is directly attributable to landscaping, or new maintenance, repair, or renovation of an existing structure, and if the alteration, maintenance, repair, or renovation, when completed, enhances the exterior appearance or aesthetic quality of the land or structure. An exemption may not be allowed under this subsection for the construction of an improvement to a structure if the principal purpose of the improvement is to increase the amount of space for occupancy or nonresidential use in the structure or for the alteration of land as a construction activity. An exemption provided in this subsection may continue for up to four (4) years from the date the improvement is completed or from the date of approval for the exemption by the local assessor, whichever is later; and 3 -32 (KIB 06/2004) Supp. #40 Sec. 29.45.030. ALASKA STATUTES Sec. 29.45.030. only if that income is solely from use of the property by nonprofit religious, charitable, hospital, or educational groups. If used by nonprofit educational groups, the property is exempt only if' used exclusively for classroom space. (d) Laws exempting certain property from execution under the AS 09 (Code of Civil Procedure) do not exempt the property from taxes levied and collected by municipalities. (e) The real property owned and occupied as the primary residence and permanent place of abode by a (1) resident 65 years of age or older; (2) disabled veteran; or (3) resident at least 60 years old who is the widow or widower of a person who qualified for an exemption under (1) or (2) of this subsection, is exempt from taxation on the first $150,000 of the assessed value of the real property. A municipality may, in case of hardship, provide for exemption beyond the first $150,000 of assessed value in accordance with regulations of the department. Only one exemption may be granted for the same property and, if two or more persons are eligible for an exemption for the same property, the parties shall decide between or among themselves who is to receive the benefit of the exemption. Real property may not be exempted under this subsection if the assessor determines, after notice and hearing to the parties, that the property was conveyed to the applicant primarily for the purpose of obtaining the exemption. The determination of the assessor may be appealed under AS 44.62.560 — 44.62.570. (1) To be eligible for an exemption under (e) of this section for a year, a municipality may by ordinance require that an individual also be eligible for a permanent fund dividend under AS 43.23.005 for that same year or, if the individual does not apply for the permanent fund dividend, that the•individual would have been eligible for the permanent fund dividend had the individual applied. An exemption may not be granted under (e) of this section except upon written application for the exemption. Each municipality shall, by ordinance, establish procedures and deadlines for filing the application. Th goveming body of the municipality for eood cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the ap lication as if timel filed. If an application is filed within the required time and is approved by e assessor, the assessor shall allow an exemption in accordance with the provisions of (e) of this section. If the application for exemption is approved after taxes have been paid, the amount of tax that the claimant has already paid for the property exempted shall be refunded to the claimant. The assessor shall require proof in the form the assessor considers necessary of the right to and amount of an exemption claimed under (e) of this section, and shall require a disabled veteran claiming an exemption under (e) of this section to provide evidence of the disability rating. The assessor may require proof under this subsection at any time. (g) The state shall reimburse a borough or city, as appropriate, for the real property tax revenues Lost to it by the operation of (e) of this section. However, reimbursement may be made to a municipality for revenue lost to it only to the extent that the loss exceeds an exemption that was granted by the municipality, or that on proper application by an individual would have been granted under AS 29.45.050(a). If appropriations are not sufficient to fully fund reimbursements under this subsection, the amount available shall be distributed pro rata among eligible municipalities. (h) Except as provided in (g) of this section, nothing in (e) — (j) of this section affects similar exemptions from property taxes granted by a municipality on September 10, 1972, or prevents a municipality from granting similar exemptions by ordinance as provided in AS 29.45.050. (i) In (e) — (i) of this section, (I) "disabled veteran" means a disabled person (A) separated from the military service of the United States under a condition that is not dishonorable who is a resident of the state, whose disability was incurred or aggravated in the line of duty in the military service of the United States, and whose disability has been rated as 50 96 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO REGULAR MEETING MAY 17, 2006 MINUTES CALL TO ORDER The regular meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by VICE CHAIR KING on May 17, 2006 in the Borough Assembly Chambers. ROLL CALL Commissioners Jerrol Friend — Chair David King Casey Janz Gary Carver Dennis McMurry Brent Watkins Gary Juenger May 17, 2006 Present X X X X Excused X X X Absent Others Present Mary Ogle, Director Community Development Dept. Sheila Smith, Secretary Community Development Dept. R E C E O V E JUN 292006 BOROUGH CLERK'S OFFICE A quorum was established. COMMISSIONER JANZ MOVED TO EXCUSE COMMISSIONER'S FRIEND, CARVER, AND McMURRY. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4 -0. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER WATKINS, and CARRIED 4 -0. APPROVAL OF MINUTES COMMISSIONER WATKINS MOVED TO APPROVE the April 19` minutes as submitted. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4 -0. PUBLIC HEARINGS A. Case S06 -016. A preliminary approval, in accordance with KIBC 16.40, of the subdivision of Lot 3, Kalsin Bay Estates creating Lots 3A thru 3 E. The location is Kalsin Bay Estates, Lot 3, U.S. Survey 2878, and it is zoned C- Conservation. Staff reported (4) public hearing notices were distributed for this case on March 29, 2006. Ogle stated this is a five lot subdivision. Staff is making a positive recommendation with a number of conditions that staff has concerns on, which are enumerated in the staff report. Primarily, having an Army Corp of Engineer judgment on the wetlands area and what the parameters are. Another concern is how Lot 3C is going to gain access. There isn't any easement or right of way indicated, so we presume they will try to use the beach. They would need permits, so this is one of the conditions of approval. Ogle took this to Parks & Recreation last night, and they identified an old state right of way easement. Parks & Recreation Committee's recommendation is either this be maintained for public use or if they create new driveways or a road that that will be available for public access to the P & Z Meeting Minutes Page 1 of 9 State property. We are also concerned about storm surge and/or tsunami, so we recommend they investigate that and the guidelines are followed. COMMISSIONER JANZ MOVED TO GRANT preliminary approval of the subdivision of Lot 3, Kalsin Bay Estates, creating Lots 3A, 3B, 3C, 3D, and 3E, Kalsin Bay Estates, subject to the conditions of approval contained in the staff report dated May 3, 2006 and to adopt the Findings of Fact in that same report as Findings of Fact for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing open: Grant Shields (agent) spoke on behalf of the applicant. He also asked staff questions regarding the subdivision process. Public hearing closed: Regular session open: COMMISSIONER WATKINS MOVED TO AMEND the main motion to include the existing road along Lot 3C, 3D, and 3E along the beach berm and along the northwestern property line of Lot 3E for public access or with a reasonable alternative road. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4 -0. 1. Place a note on the final plat restricting residential development, as follows: May 17, 2006 a. Pioposed residential dwelling development on the "Beach Uplands" of Lots 3C, 3D, and 3E shall be reviewed by a qualified engineer, registered in the State of Alaska, who will certify by a stamped written determination that the development will not be located in an area that is vulnerable to flooding or tsunami. In the alternative, if the proposed development is determined to be located in an area subject to flooding or tsunami, the engineer will certify that the development has been designed to withstand a 100 -year flood or a typical tsunami event without substantial risk to life or property. 2. Obtain a driveway permit from ADOT/PF for the use of the residual right -of -way along the head of Kalsin Bay. Research the location and width of the residual easement and show the easement by reference on the final plat where it abuts Lots 3C, 3D and 3E. If there is no ADOT/PF right -of -way abutting the lots, obtain an access permit for right -of -way purposes from the Alaska Department of Natural Resources similar to those required in other subdivision cases. 3. Prior to developing roads, driveways or substantially disturbing the soils on the site, obtain a wetlands /tidelands jurisdictional determination from the U.S. Army Corps of Engineers as indicated in the preliminary determination dated April 25, 2006. 4. Prior to final plat approval, the subdivider will have the site investigated by a qualified soils engineer to certify that all of the proposed lots have access to adequate potable water supply and are capable of sustaining an on -site septic system that complies with ADEC regulations. If any lot requires an engineered system to comply with ADEC regulations a plat shall be required to be placed on the final plat denoting this condition for the affected lot(s). P & Z Meeting Minutes Page 2 of 9 5. Obtain written approval of the private road design and construction from the State Fire Marshal. This is the City of Kodiak Fire Chief for the Kodiak "Road System" by agreement with the Kodiak Island Borough. 6. Approval of a Private Drive Easement "Written Agreement and Covenant ", as required by KIBC 16.40.080. 7. Provide a 50 -foot wide utility easement along the rear lot line of Lots 3D and 3C as requested by KEA in the letter dated April 3, 2006. 8. Provide a 10 -foot wide utility easement along the common lot line between Lots 3A and 3B as requested by ACS in the response dated April 5, 2006. 9. Include the existing road along Lot 3C, 3D, and 3E along the beach berm and along the northwestern property line of Lot 3E for public access or with a reasonable alternative road. FINDINGS OF FACT 1. Subject to conditions of approval, this plat can meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to the approval of Variance Case 05 -009 and subdivision conditions of approval, this plat can meet all the requirements of Title 17 of the Borough Code. The question was called on the main motion, and it CARRIED 4 -0. B) Case 06 -013. Request for a an appeal, per KIBC 17.90, of a staff decision citing the violation of zoning code 17.03.020, conformity with regulations required. The location is Island Lake Subdivision, Block 2, Lot 4. 3231 Ptarmigan Pass St., and it is zoned RI- Single Family Residential. Staff indicated there were (59) public hearing notices were distributed on April 11, 2006. Ogle reported the department sent a notice of violation for having a duplex which is not permitted in R1 zoning. When Mr. Zimmer applied for the permits he indicated it would be a single family residence. Mr. Zimmer stated he thought the property was rezoned to R2 when part of his neighborhood was rezoned to R2 in 2000. It went to the P &Z for about 7 months before it finally went to the Assembly. Around October of that year, P &Z changed the boundary of the rezone area. After much discussion, his property is still RI . Mr Zimmer and his neighbors have filed for a rezone and it will be on the June Agenda. Staff believes this request does not meet the conditions necessary to reverse the Director's Findings and Determination, as reflected in the Notice of Administrative Determination of Zoning Violation dated March 16, 2006. COMMISSIONER WATKINS MOVED TO AFFIRM the decision of the Community Development Director that the construction and occupation of a Two Family (duplex) Residence in an R -1 Single Family Residential Zoning District violates KIBC 17.03.20 — Conformity with Regulations Required, and to adopt the Findings of Fact contained in the Staff Report dated April 28, 2006, and Findings of Fact for Case 06 -013. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened: May 17, 2006 P & Z Meeting Minutes Page 3 of 9 Art Zimmer spoke against the zoning violation. Lorna Arndt spoke regarding her past rezone case. Public hearing closed: Regular session opened: The Commission had a discussion regarding the zoning violation The question was called, and it FAILED 3 -1. COMMISSIONER JANZ MOVED TO AFFIRM the decision of the Community Development Director that the construction and occupation of a Two Family (duplex) Residence in an R -1 Single Family Residential Zoning District violates KIBC 17.03.20 — Conformity with Regulations Required, and to adopt the Findings of Fact for Case 06 -013. COMMISSIONER WATKINS SECONDED the motion, and CARRIED 4 -0. FINDINGS OF FACT [1] The Appellant applied for, and was granted, Zoning Compliance Permit No. BZ00 -061 dated August 3, 2000, for the construction of a Single Family Residence. [2] Zoning Compliance Permit BZ00 -061 identifies the applicable zoning district as R -1 Single Family Residential Zoning District. [3] The Appellant applied for, and was granted, Building Permit No. BB2001 -16 dated August 3, 2000. [4] Building Permit No. BB2001 -16 identifies the use of the building authorized by the permit to be a Single Family Residence. [5] On October 25, 2005, the Building Official noticed the Appellant in writing that the construction undertaken at 3231 Ptarmigan Pass St. did not comply with the zoning district (R -1 Single Family Residential Zoning District) regulations. [6] The Appellant, in written response to the Notice of Administrative Determination of Zoning Violation (dated March 16, 2006), confirmed the construction and occupation of a Two Family (Duplex) Residence located at 3231 Ptarmigan Pass St. The question was called on the motion, and CARRIED 4 -0. C. Case 06 -014. Request a rezone, in accordance with KIBC 17.72.030 B (Manner of Initiation), of Tract 0, Russian Creek Alaska Subdivision from B- Business to RR1 -Rural Residential One. The location is 1059 Panamaroff Creek Dr., Russian Creek Alaska Subdivision, Tract 0, U.S. Survey 2539, and it is zoned B- Business. Staff reported (10) public hearing notices were mailed on April 14, 2006. Ogle stated this is the Gondek property where there were concerns that you will see in the next case, which is a subdivision. It is currently zoned B- Business. Staff has to take the review of the subdivision based on what it was zoned as of that day. It is the intent of the property owner and the applicant to have it rezoned for a residential zone. Because of the extenuating circumstances, the Commission made a motion to initiate a rezone to RRl. Staff done a review based on the nature of the property, its location, and mixed business use. Staffs recommends approval of this rezone request and forward it to the Assembly for further consideration as an ordinance to amend the zoning map. May 17, 2006 P & Z Meeting Minutes Page 4 of 9 COMMISSIONER WATKINS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of Tract 0, Russian Creek Alaska Subdivision, from B- Business to RR1 -Rural Residential One, and to adopt the Findings of Fact in the staff report dated April 25, 2006 in support of this recommendation.. COMMISSIONER JANZ SECONDED the motion. Regular session closed: Public hearing opened: Chris Lynch (agent) stated she can answer any questions they may have for her. Public hearing closed: Regular session opened FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. The rezone is needed and justified because the rezone area is not needed for commercial use to support the surrounding Womens Bay community. There is adequate B- Business land that is undeveloped or under - developed to provide for the needs of local residents and the traveling public. Rural residential development seems to be where the market demand for development is at in Womens Bay. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The RR1 -Rural Residential One zone is consistent with the objectives of 1982 Womens Bay Community Plan. The preference for development is overwhelmingly in favor of rural residential use and there appears to be more than adequate B- Business area remaining to serve the community's needs. The question was called, and it CARRIED 4 -0. D. Case S06 -014. Request preliminary approval, in accordance with KIBC 16.40, of the subdivision of Tract 0, Russian Creek Alaska Subdivision creating Panamaroff Creek Estates, Lots 1 thru 4, U.S. Survey 2539. The location is 1059 Panamaroff Creek Dr., Russian Creek Alaska Subdivision, Tract 0, U.S. Survey 2539, and it is zoned B- Business (Rezone investigation to RR1- Rural Residential One pending). Staff reported (10) public hearing notices were mailed on March 6, 2006. Ogle stated staff is recommending approval with conditions to address some concerns with the wetlands and what effect that will have on the functional building sites and/or driveways for this site. They want to make sure no construction activity happens on Lot 2's wetland area, and all the appropriate permits are obtained. COMMISSIONER JANZ MOVED TO GRANT preliminary approval of the subdivision of Tract 0, Russian Creek Alaska Subdivision, creating Lots 1 through 4, Panamaroff Creek Estates, subject to the conditions of approval contained in the staff report dated May 4, 2006, and to adopt the May 17, 2006 P & Z Meeting Minutes Page 5 of 9 findings in that staff report as "Findings of Fact" for this case. COMMISSIONER JUENGER SECONDED the motion. Regular session closed: Public hearing opened Chris Lynch spoke in support of this request. Public hearing closed: Regular session opened CONDITIONS OF APPROVAL 1. Place a note on the final plat referencing the U.S. Army Corps of Engineers (COE) wetland jurisdictional determination by its assigned COE file number and the authorization under Nationwide Permit (NWP) No. 39 and indicating the applicable conditions of that approval by the letter designations referenced in the COE letter dated June 6, 2005. 2. Place a note in the final plat stating: "No fill is permitted in wetlands identified by the U.S. Army Corps of Engineers without written authorization from the U.S. Army Corps of Engineers. 3. Place a note on the plat prohibiting the flag lots from further subdivision as required by KIBC. 4. The plat will not be granted final approval until a rezone of Tract 0 to RR1 -Rural Residential One is approved by the KIB Assembly. 5. Designate the flag stem access as a utility easement as requested by KEA and ACS. 6. Designate the 50 -foot stream buffer depicted on the preliminary plat and required by the U.S. Army Corps of Engineers as an easement on the final plat. FINDINGS OF FACT 1. Subject to conditions of approval, this plat can meet the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. Subject to conditions of approval, this plat can meet the minimum requirements of Title 17 of the Borough Code. 3. Subject to conditions of approval, this plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called, and it CARRIED 4 -0. E. Case 06 -012. Request a rezone, in accordance with KIBC 17.13, 17.27, 17.72, 17.72.030, and 17.72.030.C, of Lot 1, Sawmill Subdivision from C- Conservation to LI -Light Industrial. The location is 1667 Monashka Bay Road, Sawmill Subdivision, Lot 1, and it is zoned C- Conservation. May 17, 2006 P & Z Meeting Minutes Page 6 of 9 Staff reported the notification area was expanded to show Marmot Drive and its tributaries with 36 Public Hearing Notices being sent out on April 27, 2006. Topographical and aerial maps are included to see where the dried up lake bed falls in relationship with this property and the landfill. Staff has been made aware of issues and concerns of water quality, and type of material that may or may not be in the fill. One issue that deals with this site is there appeared to be a nonconforming use of an automotive repair business that has since been removed from the property. There were also some automotive structures, which was unclear to staff whether or not those structures were associated with the automotive repair business or if that constituted its own use, which is not permitted being a junk or salvage yard. Today staff observed a significant amount of those materials have been removed from the property. Staff recommends the Commission forward this request to the Assembly for its consideration along with a recommendation for approval. Staff has been made aware that DEC is investigating this site. DNR of Oil Spills & Contaminated Sites and EPA have also been made aware of the situation. She also said it appears they were in compliance on the Exception cases. COMMISSIONER JANZ MOVED TO FORWARD Case 06 -012 to the Kodiak Island Borough Assembly with a recommendation to approve a rezone of Lot 1, Block 1, Sawmill Subdivision from C- Conservation to LI -Light Industrial and to adopt the findings contained in the staff report dated February 16, 2006 as "Findings of Fact" for this case. COMMISSIONER WATKINS SECONDED the motion. Regular session closed: Public hearing opened Chris Lynch said Mr. Oswalt has been working with DEC to address any concerns that have been taken to him, and the auto repair shop has been moved from this location. She also said there is approximately 200, 000 gallons in 4 separate ponds for fighting a fire, but would require a dry hydrant be installed. Tia Leber stated the residents of the area met 10 days ago and formed a petition against the rezone that was submitted to the Commission, which she read. The concerns are regarding water and ground contamination, and fire hazards. David Sundberg stated he is in opposition to this rezone request because this land has been used as an illegal landfill with un- segregated content. Den Barnes asked if the Borough is going to bring in City water when the well water is so contaminated it can't be used. Cathy Cordry said she is concerned for the health and safety for these residents, and we need to hold everyone in our community to the same standards and not reward people for violating our codes. Mary Sundberg read their request to deny Case 06 -012 and Findings of Fact that the residents compiled and submitted to the Community Development Dept. regarding this case, and asked for the Commission to adopt these findings of fact. Doug Mathers continued reading these findings of fact. Penny Fish also continued reading the findings of fact. Nadene Ellswory finished the reading. Public hearing closed: Regular session opened The Commission discussed their concerns. May 17, 2006 P & Z Meeting Minutes Page 7 of 9 The question was called, and the vote was Ayes; COMMISSIONER KING, Noes: COMMISSIONERS JUENGER, WATKINS, AND JANZ. COMMISSIONER KING changed his vote to no; motion FAILED 0 Ayes, 4 Noes. F. Case 06 -010. Request a rezone, in accordance with KIBC 17.72.030, 17.72.030.C, 17.72, 17.18, and 17.21, of Lot 26B, U.S. Survey 3098, from RRI -Rural Residential One to B- Business. The location is 2316 Mill Bay Road, U S Survey 3098, Lot 26B, and it is zoned RR1 -Rural Residential One. Staff reported this is continued from the last meeting and a motion has been made. COMMISSIONER FRIEND has submitted (3) Findings of Fact to be adopted if you so choose. COMMISSIONER JANZ MOVED TO ADOPT the Findings of Fact for Case 06 -010, which reads: 1. This lot has no access to or from Bancroft as all the other residential lots in the area. 2. This lot is adjacent to business property and has more in common with the adjoining business property then the residential property, given the only access for this property is from Mill Bay Road 3. Allowing this rezone will not have any adverse effects on the surrounding properties. COMMISSIONER WATKINS SECONDED the motion, and it CARRIED 4 -0. OLD BUSINESS A) Transient Accommodation Code Staff reported from the previous meetings there was discussion about creating a scenario for family recreational compounds, creating a new zoning definition. Staff has concerns about relating zoning land use law to a family structure. Defining families and having zoning regulations associated with family there is a lot of case law about how to deal with that. It is her understanding you can proceed as staff has recommended with the code changes in her memo dated to you May 5, 2006 or you can continue again to pursue other options. The Commission had a brief discussion. COMMISSIONER WATKINS MOVED TO FORWARD the amendments to Title 17 located in the memo from Community Development Director dated May 5, 2006 to recommend approval to the Kodiak Island Borough Assembly for a code change. COMMISSIONER JANZ SECONDED the motion, and it CARRIED 4 -0. COMMISSIONER KING MOVED TO RECOGNIZE the six (6) Criteria, as set out below, and to adopt the Findings #1 as Findings of Fact for Variance Case No. 05 -007. COMMISSIONER OSWALT SECONDED the motion. NEW BUSINESS There was no new business. COMMUNICATIONS Staff reported these are communications regarding notice of findings and determinations, and various enforcement actions being pursued. COMMISSIONER WATKINS MOVED TO ACCEPT communications as submitted. COMMISSIONER JANZ SECONDED the motion, and it CARRIED unanimously. REPORTS Ogle stated the latest Kodiak Launch Complex Environmental Statement has been completed and can be reviewed in the Community Development Dept. and the Public Library. May 17, 2006 P & Z Meeting Minutes Page 8 of 9 Ogle also said the Parks & Recreation Committee wants to have a joint meeting with the P &Z to discuss their progress and their recommendations on the Parks & Open Space Ordinance. Meeting Schedule: • June 14, 2006 work session at 7:30 p.m. in the KIB Conference Room. • June 21, 2006 regular meeting at 7:30 p.m. in the Assembly Chambers. AUDIENCE COMMENTS Dave Sundberg asked if the findings were going to be adopted tonight. Ogle stated that an option would be to adopt the proposed public findings that were submitted. You can also use some of the comments that came from some of the commissioners for the rationale for denial. They could be formed as Findings of Fact. After a discussion, it was the general consensus to postpone the findings. COMMISSIONER WATKINS MOVED TO POSTPONE Findings of Fact for Case 06 -012 Sawmill Circle rezone to our next meeting. COMMISSIONER JUENGER SECONDED the motion, and it CARRIED 4 -0. COMMISSIONERS COMMENTS WATKINS was glad to see a good turnout. JANZ hopes for good weather for Crab Fest. JUENGER stated thanked the vice chair for stepping forward and thanked staff for their input. KING thanked Ogle for helping him to get through tonight and he thanked everyone for coming. ADJOURNMENT VICE CHAIR KING ADJOURNED the regular meeting at 9:30 p.m. ATTEST By: \ 11 iQ rncjb Sheila Smith, Secretary Community Development Department DATE APPROVED: June 21, 2006 May 17, 2006 KODIAK ISLAND BOROUGH PLANNING AND ZONING CO a ISSION By: Arittit Je i Friend, Chair P & Z Meeting Minutes Page 9 of 9 ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DIST Board of Education Regular Meeting — June 19, 2006 SUMMARY AMEND: Motion to amend the agenda to include Executive Session for Negotiations as item #18 under New Business. APPROVED: Motion to approve the minutes of the Regular Meeting of May 22, 2006, and the Special Meetings of June 5, 2006 and June 15, 2006. APPROVED: Motion to ratify the 2006/2007 — 2008 /2009 KBEA Negotiated Agreement as presented. APPROVED: Motion to approve a 2006/2007 classified leave of absence for Meri Holden. APPROVED: Motion to approve a certificated contract for the 2006/2007 school year to Lisa Nikodym — BA +0/2 in the amount of $42,547 for 1.0 FTE Kodiak High School. APPROVED: Motion to approve the change to School Board Policy Section, 5.42, Compulsory Attendance, in the first reading and to forward the policy to the July 31, 2006 Regular Meeting for a second reading and public hearing. MOTION FAILED: Motion to approve the FY 07 Travel Services Bid Award to U.S. Travel. APPROVED: Motion to approve the Kodiak Football League agreement for the 2006/2007 school year. APPROVED: Motion to approve the Kodiak High School Food Service Contract Renewal with Culinary Horizons for the 2006/2007 school year. APPROVED: Motion to approve the 2006 /2007 rural school calendars as presented. APPROVED: Motion to approve the FY 07 Perishables and Fresh Milk Bid Award to Food Services of America, including Purchase Requisition Number 730000003 in the amount of $96,000 to Food Services of America for perishables and Purchase Requisition Number 730000004 in the amount of $147,000 to Food Services of America for fresh milk. SCHOOL BOARD SUMMARY June 19, 2006 Page 2 APPROVED: Motion to approve the FY 07 School Meals Program Supplies Bid Award Purchase Requisition Number 730000002 to Cost Savers in the amount of $18,521.66 and Purchase Requisition Number 730000001 to Food Services of America in the amount of $101,292.24. APPROVED: Motion to approve the Fire Detection and Suppression Systems Inspections Bid Award to Taylor Fire Protection Services for a three - year term beginning July 1, 2006, and ending June 30, 2009, including Purchase Requisition Number 710000005 to Taylor Fire Protection Services in the amount of $13,370 for FY 07 services and inspections. APPROVED: Motion to approve the FY 07 General Office and Art Supplies Bid Award including Purchase Requisition Number 72000001 to Northern Sales, Inc. in the amount of $10,497.50, Purchase Requisition Number 72000002 to Pyramid School Products in the amount of $36,400.60, Purchase Requisition Number 72000003 to School Specialty in the amount of $10,534.95, and Purchase Requisition Number 72000004 to Xerox Corporation in the amount of $23,200. APPROVED: Motion to approve the FY 07 Heating Fuel Bid Award to Petro Star, Inc. (dba North Pacific Fuel), for a three -year period beginning July 1, 2006, and ending June 30, 2009, with a margin of $.16 per gallon for #1 and #2 heating fuel, for an estimated award of $738,424. APPROVED: Motion to approve the FY 07 Highway Fuel Bid Award to Petro Marine Services for a one -year period beginning July 1, 2006, and ending June 30, 2007, with a margin of $.205 for regular and $.171 for diesel, for an estimated award of $82,884. APPROVED: Motion to approve an "as is, where is" Surplus Property Disposal for the outgoing Konica copiers and four Rico duplicators. APPROVED: Motion to approve Purchase Requisition Number 720000828 to Software House International in the amount of $12,930. APPROVED: Motion to accept the FY 06 Title I -C Migrant Education Summer Grant Award in the amount of $12,557. APPROVED: Motion to approve the FY 07 No Child Left Behind Consolidated Grant Intent to Apply in the approximate amount of $1,100,800. APPROVED: Motion to enter into Executive Session for Negotiations and to include the Negotiations team. APPROVED: Motion to adjourn. ACTION ITEMS: APPROVED: APPROVED: APPROVED: APPROVED: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — June 29, 2006 Motion to adjourn. SUMMARY Motion to ratify the 2006/2007 — 2008/2009 KIESA Negotiated Agreement as presented. Motion to approve certificated contracts for the 2006/2007 school year to Corinne Asuncion — BA +0/0 in the amount of $37,216, plus $1,116 village stipend for 1.0 FTE Ouzinkie School; and JaRock "Rocky" Latta in the amount of $55,697 for 1.0 FTE Kodiak High School. Motion to approve Purchase Order Number 67000166 to Emerson Boat Works in the amount of $10,598.17. d ECEIIVE JUL - 3 2006 D BOROUGH CLERK'S OFFICE Memo To: Karl Short From: Tom Anderson CC: Cassandra Juenger Date: 5/24/2006 Re: FWS land purchase • Page 1 Assessing Department Kodiak Island Borough I've made a detailed review of the appraisal report covering the Carlsen Point property that FWS wants to purchase from the Borough. The appraisal is based upon good comparable sales and the analysis is sound. I take no exception to the value conclusion at $20,000 for the Borough's property. varr 1 Property Type: Property Identification: Location/Neighborhood: Purpose of Appraisal: Intended Use and User: Property Rights Appraised: Legal Description: Property Owner: Land Area: Shoreline Profile: Access: Topography: Utility Service: Easements and Restrictions: Zoning: Improvement Description: Highest and Best Use: Environmental Condition: Date of Value: Date of Report: Summary of Salient Facts and Conclusions — Tract 183 10 -acre remote recreation parcel Tract 183 Contiguous to Carlsen Point, west shore of Zachar Bay, Uyak Bay/Zachar Bay market district, west side of Kodiak Island, 6± miles east of Larsen Bay, Alaska Estimate market value as defined by UASFLA FWS will use report to negotiate acquisition of the appraised parcel (total acquisition) Fee simple surface estate Fractional S & NE4NE4SE4, Section 18, T30S, R28W, SM, Kodiak Recording District Kodiak Island Borough 10.00± acres Pockets of direct -entry shoreline sandwiched between rock outcroppings facilitate marine access Boat or floatplane Relatively level to modest ascending slope None Section 22(g) of ANCSA represents a development - type covenant; title report shows no easements Kodiak Island Borough — Conservation (C) District None Recreation Assumed free and clear of hazardous contaminants; none observed during property inspection October 7, 2005 February 28, 2006 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Carlsen Point, Zachar Bay, Kodiak Island 1 1 MacSwain Associates Overview Purpose, Intended Use, and Intended Users of the Report Definition of Market Value Chapter 1: Premises of the Appraisal Report This appraisal report analyzes a remote 10 -acre parcel located on the west side of Kodiak Island contiguous to Carlsen Point at the mouth of Zachar Bay. Identified as Tract 183 by FWS nomenclature, the parcel is located within the Kodiak National Wildlife Refuge (KNWR). The community of Larsen Bay is approximately six miles west, while the economic hub of Kodiak is 55± air -miles northeast. Importantly, the appraised parcel is subject to provisions of Section 22(g) of ANCSA. We prepare a Summary Appraisal, but perform a complete appraisal process that analyzes and values Tract 183 based on its highest and best use. The reporting process intends to comply with the requirements of UASFLA and the USPAP. We rely upon the sales comparison approach to value the appraised parcel. The purpose of the appraisal is to estimate market value, as defined by UASFLA, of Tract 183. FWS will use the report as the basis for negotiating the subject's acquisition. The clients, which are also intended users of the report, are as follows. » Chief, Division of Realty, U.S. Fish and Wildlife Service, Anchorage, Alaska Region 7 » Martin Wild, Appraisal Services Directorate, Alaska Region, Anchorage, Alaska The UASFLA definition of market value cited below applies to the analyses and valuation of the appraised property. Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 2 1 I MacSwain Associates Property Rights Appraised Legal Description Property Owners Date of Value Date of Report Property Inspection and Owner Contact Exposure Time due consideration to all available economic uses of the property at the time of the appraisal.' Fee simple surface estate Factional S2S2SE4SE4NE4 and NE4NE4SE4 Section 18, T30S, R28W, Seward Meridian, Kodiak Recording District, Third Judicial District, State of Alaska, excepting therefrom the subsurface estate, and all rights, privileges, immunities, and appurtenances, of whatsoever nature, accruing unto estate pursuant to the Alaska Native Claims Settlement Act of December 18, 1971 According to the preliminary title report prepared for FWS by Western Alaska Land Title Co. dated October 3, 2005, the owner of record is the Kodiak Island Borough. October 7, 2005 February 28, 2006 Dan Shantz inspected the appraised parcel on October 7, 2005, accompanied by property owner representative Tom Anderson, KIB Assessor. We invoke the Jurisdictional Exception Rule permitted in USPAP to comply with Section 9 of UASFLA that states an estimate of market Uniform Appraisal Standards for Federal Land Acquisitions by the Interagency Land Acquisition Conference, December 2000, .p. 13. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 3 1 I MacSwain Associates I Use History Sales History Rental History Assessed Value and Real Estate Taxes Scope of Appraisal, Methodology, and Reporting Process value Linked to an exposure or marketing time must be excluded from the appraisal report. We have no knowledge of past use of the appraised parcel for any purpose. Furthermore, on -site and aerial observations of the parcel found no evidence of use. Larsen Bay Tribal Council conveyed title by Quit -Claim Deed to Dennis Carlsen on October 22, 1990. This transaction was part of land disposal program initiated by the Larsen Bay Tribal Council to shareholders. A Clerk's Deed dated June 3, 2003, conveyed title to the KIB for failure to pay property taxes. None known Table 1 summarizes the real property assessments, mill rates, and property taxes levied by the Kodiak Island Borough since 2002. Table 1: Tract 183 Real Property Assessments for R5302801804 Year Land Improvements Total Mill Rate Taxes 2005 $16,000 $0 $16,000 11.00 $176 2004 $16,000 $0 $16,000 10.25 $164 2003 $16,000 $0 $16,000 9.25 $148 2002 $16,000 $0 $16,000 9.25 $185 We rely upon the sales comparison approach to value the appraised parcel and make qualitative adjustments to measure differences between the sales and subject. A relative comparison grid contained in 2 Since Standard Rule 1 -2(c) of USPAP requires the appraiser to estimate a reasonable exposure time in conjunction with their opinion of value, we invoke the Jurisdictional Exception Rule that permits departure. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 4 I MacSwain Associates I Summary of Appraisal Problem Chapter 6 summarizes the analyses of land sales. Neither the cost nor the income capitalization approach is a credible valuation technique for this type of property. Dan Shantz collected and verified the sale data as well as performed the comparative analyses. The scope of the appraisal process is as follows. • Inspected the appraised parcel October 7, 2005; • Reviewed a Preliminary Title Report prepared by Western Alaska Land Title Co. for FWS; • Reviewed Kodiak Island Borough (KIB) mapping; • Reviewed KIB Code of Ordinance pertaining to zoning; • Obtained assessment records from the KIB; • Reviewed the Kodiak National Wildlife Refuge Comprehensive Conservation Plan; • Reviewed the Public Use Management Plan pertaining to the KNWR dated October 1993; • Reviewed Kodiak National Wildlife Refuge Land Protection Plan dated October 1992; • Reviewed Kodiak Island Borough Coastal Management Program; • Observed by aerial over -flight the land use pattern of the Uyak Bay /Zachar Bay market district; • Collected and analyzed economic data pertaining to the urban, rural, and remote Kodiak markets; • Interviewed brokers that list remote Kodiak properties or specialize in marketing remote recreation properties; • Performed a land use analysis; • Collected and analyzed land sales located in the Uyak Bay/Zachar Bay market district; • Collected and analyzed land sales Located in alternative remote Kodiak market districts; • Confirmed land sales with the buyer, seller, broker, or other knowledgeable third party; and, • Relied upon sales comparison approach to estimate market value. We encounter two appraisal problems that require special attention in the forthcoming discussion and analysis. First, the larger parcel analysis hinges on the test of unity of ownership. Specifically, other 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 5 I MacSwain Associates I private -owned land surrounds the subject parcel and the KIB does not have any landholding in proximity suitable for an integrated use. Therefore, we determined the larger parcel represents Tract 183 in its entirety. Secondly, the provisions of Section 22(g) of ANCSA are a title encumbrance. These provisions stipulate that: FWS has the first right refusal pertaining to a sale; and, more importantly, the appraised parcel is subject to the laws and regulations pertaining to use and development of the land within the KNWR. While the first right of refusal provision is inconsequential to the appraisal process, the latter represents a development -type covenant that remains with the land in perpetuity. Thus, our analysis measures the market- effect of this potential land use restriction. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 6 1 I MacSwain Associates I Overview Remote Kodiak Land Use Pattern General Real Estate Trends Chapter 2: Remote Kodiak Area Analysis We present our area analysis in a summary format and enclose in the addenda community profile data pertaining to the community of Larsen Bay and the KIB. We define remote Kodiak as lands Located outside of the Kodiak road system that extends from Anton Larsen Bay on the north to Pasagshak Bay on the south. Although much of remote Kodiak lies within KNWR boundaries, this market area also includes land on Raspberry Island, Afognak Island, and Shuyak Island. While the city of Kodiak is the principal commerce and transport center, its economy is not the driver of the remote Kodiak market. Government agencies and Native corporations are the largest landowners of remote Kodiak land and their management policies focus on retaining the natural environment. Development of remote Kodiak land is sparse and historically driven by natural resources such as commercial fishing and timber. Subsistence remains the greatest use of the land with recreation ranks second. Although commercial fish sites were prominent throughout the various Kodiak districts, changes in the industry have caused many to abandon operations or sell to government agencies or recreation users. Remote land use for economic purposes includes scattered commercial lodges, but they are a risky development altemative that records a high failure and attrition rate. Essentially, one travels many miles of aerial flight before seeing any type of development activity. Limited demand characterizes the remote Kodiak market area. Although available supply also has limitations because of a paucity of privately owned land, it does exceed demand. This dynamic has stabilized the price of remote land and improved properties since the mid- 1980's. Because of high price expectations of sellers, many properties languish on the market. Properties with competitive pricing are typically on the market for three to 12 month before consummation of a sale. Most sale activity involves either vacant land or land with improvements that contribute nominal value. Remote properties with significant improvements generally sell for Less than their cost. In fact, few remote Kodiak property sales exceed $100,000. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 7 MacSwain Associates I Uyak Bay/Zachar Bay Neighborhood District Conclusion of Remote Kodiak Area Analysis The subject parcel is within the Uyak Bay/Zachar Bay neighborhood located on the west side of Kodiak Island. Larsen Bay, which has a population of 100± residents, is the primary transport hub with a State - operated airport and floatplane base. As discussed in Chapter 5, this neighborhood had a major transformation in its land use pattern caused by conveyance of Native corporation land to shareholders in 1990. Prior to the conveyance, development consisted of a few commercial lodges and recreation cabins. Present today are 25 to 30 lodges and recreation cabins along the shores of Uyak Bay/Zachar Bay. Despite increased development, subsistence remains the principal land use and recreation activity continues its upward trend. Sununarily, the remote Kodiak area has six rural communities with fewer then 150 residents that maintain a subsistence lifestyle. Access constraints, absence of infrastructure, and a harsh environment limit development opportunities. Most economic land uses are seasonal and no change is foreseen. Subsistence and recreation use will continue to predominate, although we anticipate neither will increase in their intensity. We project price stability for remote properties, but the pace of market activity will remain slow. Moreover, we do not expect any change in demand or available supply for remote land. We provide additional market data and analysis pertaining to the remote Uyak Bay/Zachar Bay market district in Chapter 5 of this report. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 8 I MacSwain Associates I Overview Description and Analysis of Tract 183 The subject is contiguous to Carlsen Point at the mouth of Zachar Bay on the west side of Kodiak Island some six miles east of Larsen Bay. It fronts a southerly facing cove created by the southeasterly extension of Carlsen Point. We use a tabular-type format to describe the physical character of Tract 183 Important physical factors that affect land use potential are shoreline profile, oceanfront exposure, access, and topography. Although the subject represents a KNWR inholding, MB land use regulations apply if developed. We discuss zoning, KNWR management policies, and other regulatory requirements that affect land use potential at the end of this chapter. Photographs that follow provide a visual overview while facing exhibits help illustrate the physical character of the parcel. Tract 183 Chapter 3: Property Description and Analysis Tract 183 has a distinct direct -entry shoreline segment near the midpoint of the shore meander that facilitates marine access regardless of tide level. In addition, two direct -entry pockets are located at the north and south ends of the shoreline. In fact, the northerly pocket extends beyond the subject's boundary toward Carlsen Point and provides a high quality shore for floatplane landings. While offshore navigation hazards are present, they do not impair access potential. We observed several areas suitable for recreation use and development as well as protected anchorage during most types of weather and seas. Land Area: 10t acres or 435,600± square feet Land Configuration: Irregular Ocean Frontage: Majority of the east parcel boundary fronts a small cove protected by Carlsen Point; ocean frontage rated as good Shoreline Profile: Shoreline meander consists of three segments of direct -entry profile interrupted by rock outcroppings of varying height; middle and north direct -entry pocket facilitate marine access during all tide levels; shoreline profile rated as good Anchorage Potential: Unnamed cove offers protection and sufficient water depth for anchorage, although offshore navigation hazards exist (submerged rocks); another cove located southwest of Tract 183 also provides anchorage opportunities; anchorage potential rated as good Access: Boat or floatplane; access rated as good 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 9 I MacSwain Associates I Parcel Photographs — Tract 183 Topography: Terrain ranges from undulating to a moderate ascending slope near the north boundary; topography rated as good Vegetation: Mix of sedge grass, low -lying brush, alder, willow, cottonwood, and birch Public Utilities: None Freshwater Source: None Easements and Restrictions: Subject to provisions of Section 22(g) of ANCSA pertaining to laws and regulations governing use and development within the KNWR Environmental Assessment: No evidence of adverse environmental conditions observed during the property inspection Date: October 7, 2005 Taken By: Dan Shantz Westerly view of Tract 183, note Carlsen Point in foreground, yellow lines denote approximate north and south perimeter boundaries 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 10 l l I MacSwain Associates I Parcel Photographs — Tract 183 Date: October 7, 2005 Taken By: Dan Shantz Northwesterly view of Tract 183, yellow lines denote approximate north, south, and west perimeter boundaries Northeasterly view of Tract 183, yellow lines denote approximate north, south and west perimeter boundaries 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 11 ■ I MacSwain Associates I Parcel Photographs — Tract 183 Date: October 7, 2005 Southwesterly view of Tract 183 Northeast view of Tract 183 Taken By: Dan Shantz 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 12 1 MacSwain Associates I Parcel Photographs — Tract 183 Date: October 7, 2005 Taken By: Dan Shantz West view of shoreline taken near the northeast end of Tract 183 Northeast view of the shoreline taken near the midpoint of the direct - entry segment 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 13 I MacSwain Associates I Parcel Photographs — Tract 183 Date: October 7, 2005 Taken By: Dan Shantz Northwest view of Tract 183 taken north the south end of the direct - entry shoreline South view of Tract 183 taken from the south end of the direct -entry shoreline 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 14 I MacSwain Associates I Kodiak Island Borough Zoning Regulations Kodiak National Wildlife Refuge Land Use Regulations All lands in the KIB have a zoning designation, although most of remote Kodiak, including the appraised property, is within the Conservation (C) District. The purpose of this district is to maintain open space areas while providing for single - family residential and limited commercial use. Permitted uses of Conservation District are as follows. • Agriculture activities and related structures, including commercial livestock grazing M Commercial fishing activities and related structures • Commercial guiding and or outfitting activities and related structures containing provisions for no more than six clients I Parks • Recreation activities • Single - family dwellings and recreation cabins • Timber harvesting activities Conditional uses, which require a public hearing process, include lodges serving more than six clients, logging camps, mining activities, and fish processing facilities. Zoning regulations require a minimum parcel size of five acres and width of 250 feet. Moreover, the maximum lot coverage allowed for all structures is five percent. Enclosed in the addenda is an excerpt of the zoning ordinance that pertains to the Conservation District. We reviewed the Kodiak National Wildlife Refuge Comprehensive Conservation Plan and Public Use Management Plan that pertains to the KNWR. The primary objective of these plans is to protect resources and habitat by ensuring compatible land use. Subsistence users, recreation users, and commercial operators are expected to minimize conflict and cooperate with refuge management. The comprehensive plan has a chapter titled Management Alternatives that summarizes permitted activities and uses of the land, including sections on economic uses. We rely upon these management plans when performing our highest and best use analysis. While KNWR management may not have the enforcement power of a zoning 3 Kodiak Island Borough Ordinance, Title 17, Zoning Code, 6/04, p.I7 -29. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 1 5 1 l I MacSwain Associates 1 Other Land Use Regulations ordinance, their approval of a proposed land use is imperative to economic feasibility. This is particularly important to the appraised parcel because Section 22(g) of ANCSA requires them to abide by the laws and regulations of the KNWR. Significantly, FWS has not issued regulations that define permitted use or development within refuge boundaries. Their current mandate is to evaluate proposed use or development on a case -by -case basis with priority emphasis on landowners conserving fish and wildlife resources. Current management policies do not encourage development, but they do allow use that conforms to zoning regulations. Development of the subject parcel requires review and recommendations by the Kodiak Island Coastal Management Program Again, this plan does not grant enforcement power, but it establishes guidelines for acceptable land use. Furthermore, the State Department of Fish and Game has regulations that may affect potential land use. Moreover, government regulations pertaining to development of on- site water and wastewater systems may affect land use. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 16 1 MacSwain Associates I Overview Highest and Best Use Analysis — Tract 183 Chapter 4: Highest and Best Use Analysis Based primarily on the unity of ownership test, we determined the Larger parcel is Tract 183 in its entirety. After analysis, concluded the highest and best use of the subject is recreation. Highest and best use is a market - driven concept rather than a subjective conclusion based on the experience of the appraiser or a property owner's wishes. Economic incentive is the motivation that has a market- effect on the productivity or profitability of the land. Our market value estimate relies upon the following definition of highest and best use. The highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. Determining the most profitable use of Tract 183 requires analyses of all feasible alternatives. The criteria for analyzing potential use are physically possible, legally permissible, financially feasible, and degree of profitability. The highest and best use analysis that follows is the foundation of our appraisal. Physically Possible: The subject is a 10 -acre parcel located in a remote environment that requires floatplane of boat access. We observed direct -entry shoreline segments that enhance access opportunities during inclement weather and seas. Moreover, a small protected cove increases anchorage potential. Although rock outcropping extend inland from the shore, they affect only a small portion of the parcel. Clearly, there is sufficient land area suitable for development. We determined the physical attributes of Tract 183 benefit commercial or private recreation use. In contrast, these features compromise the economic viability of commercial, industrial, or residential use. Essentially, remote residential, recreation, staging for commercial fishing, guide camp, or small lodge facility are physically possible uses of Tract 183. Legally Permissible: The principal legal constraints affecting use potential are the KIB zoning ordinance and Section 22(g) of ANSCA that pertains to regulatory power governing use and development with 4 Uniform Appraisal Standards for Federal Land Acquisitions by the Interagency Land Acquisition Conference, 2000, p. 34. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak [stand 17 1 _ I MacSwain Associates I the KNWR. First, the subject is in the Conservation (C) zoning district, which is the designation of most remote Kodiak Island land. Permitted use of this district includes single - family dwellings, recreation cabins, commercial lodges serving fewer than six clients, and staging for commercial fishing. Fish processing and larger lodge facilities (more than 6 clients) are conditional uses that require a public hearing process. We determined that permitted use of the parcel is physically possible. Section 22(g) of ANCSA represents a development -type covenant that encumbers the land in perpetuity. It stipulates that land conveyed to Native corporations are subject to the laws and regulations governing use and development within the KNWR Importantly, FWS has not issued regulations that define permitted use and development within refuge boundaries. Their intent is to evaluate each planned use and development on a case -by -case basis and encourage landowners to conserve fish and wildlife resources. Based on the existing land use pattern as well as extent of development of Native corporation land within the Uyak Bay /Zachar district, Section 22(g) is not a significant land use constraint. However, if use and development of land within KNWR boundaries endangers fish and wildlife resources, than we anticipate issuance of regulations and enforcement of violations. Thus, change in management policies by FWS may affect future use of the land. Our analysis reflects the current policies, which we expect to continue into the foreseeable future. Financially Feasible: The Kodiak commercial fishery has fewer participants and declining catch values. Thus, the regulatory and economic environment diminishes the financial viability as a fish site or staging for commercial fishing. Regarding the financial feasibility of commercial hunting/fishing lodge, the historical return on development is marginal Most seasonal lodges are management - intensive businesses that fail to survive if sold to a third party. While the subject has the requisite location necessary for lodge development, risk may exceed potential economic benefits. This is particularly true given the established lodge competition located in Zachar Bay, Uyak Bay, and the community of Larsen Bay. We conclude that the financial feasibility of a commercial lodge is marginal. By default, single - family dwellings and recreation cabins are the most probable financially feasible uses of the subject parcel. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 18 I MacSwain Associates I Degree of Profitability: Available data indicates price behavior does not differ significantly for remote Kodiak land used for single - family dwellings or recreation cabins. Thus, we determined that the degree of profitability is similar for either type of land use. However, recreation demand is greater than the market segment that desires a remote single - family dwelling. Therefore, we conclude that the highest and best use of Tract 183 is recreation. Highest and Best Use of Tract 183 Recreation 1 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 19 I MacSwain Associates 1 Overview Market Dynamics of Uyak Bay /Zachar Bay District Chapter 5: Analysis of Uyak Bay /Zachar Bay Market District While the Uyak Bay/Zachar Bay neighborhood district has been an integral component of the remote Kodiak market, dynamics changed in the early 1990's when the Larsen Bay Tribal Council conveyed 10 -acre parcels to eligible shareholders. This disposal program increased potential inventory of private recreation parcels ten -fold (from less than 20 to nearly 200). Moreover, the conveyance removed the property tax exemption and created an unexpected financial burden for shareholders. Thereafter, the fundamental economic premise of supply and demand changed the price structure of land in the Uyak Bay/Zachar Bay market district. Specifically, prior to the shareholder conveyances, remote parcels (10± acres) within this district sold for $30,000 to $50,000. After the conveyances, the increased supply caused significant price reduction to induce purchase. Since 1992, we analyzed 65± arm's length, private - party purchases of shareholder parcels that indicate a typical price range of $10,000 to $20,000 (only five sales outside range). Despite purchases by FSW that reduced potential supply, this price structure remains in effect today. The Uyak Bay/Zachar Bay market has recorded more sale activity and recreation development than any other remote district on Kodiak Island in the past decade. However, demand for land continues to be less than available supply with expired offerings exceeding closed sales. Furthermore, the rate of cabin construction appears less than two per year. A majority of past sale activity involve either out -of -state buyers or owners of other shareholder parcels that know the area well. Moreover, approximately two - thirds of the offerings and sales involve a local Kodiak broker. Discussions with four Kodiak brokers supported our findings regarding market activity and price behavior. First, they stated the typical sale price ranges from $10,000 to $20,000, although two indicated certain parcels will sell at a premium because of their physical character. When asked about the market- effect of Section 22(g), the consensus was price behavior does not change. However, they indicated if refuge 5 The 65± land sales include 17 purchases by The Conservation Fund as well as 13 sales by the BIB at public auction. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 20 1 1 I MacSwain Associates I Discussion of KW Sales at Public Auction management diverges from current policies, than enforcement of Section 22(g) may cause an adverse market- effect. Regarding buyer profile, they felt the out -of -state buyer was diminishing, while locals and owners of other shareholder parcels were increasing. Finally, the brokers indicated Uyak Bay/Zachar Bay is an affordable market that attracts buyers, but limited sale activity is the rule. A KIB public auction held October 22, 2005 (after valuation date) that sold foreclosed parcels for failure to pay property taxes exemplifies the Uyak Bay/Zachar Bay market. The auction offered 13 shareholder parcels located proximate to Larsen Bay or fronting Amook Island. Some 60 days prior to the auction, the KIB advertised property details and purchase terms in the local paper, placed bulletins throughout Kodiak and rural communities, and published a handout available at the borough office. According to KIB staff, the offering stimulated strong interest before the auction The auction itself attracted 77 bids with multiple offerings received for each parcel. A sales summary of KIB foreclosed parcels follows. Table 3: Summary of KIB Sales of Foreclosed Parcels Although public auctions of foreclosed properties often produce non- market price indicators, we consider these transactions credible evidence of market behavior. More importantly, private sector 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 21 No. Parcel Identification Location Minimum Bid Sale Price Assessed Value 1 30 -04, T30S, R29W Larsen Bay $4,400 $10,000 $15,000 2 32 -01, T30S, R29W Larsen Bay $2,906 $7,100 $10,000 3 29 -01, T30S, R29W Larsen Bay $3,157 $10,000 $10,000 4 29 -03, T30S, R29W Larsen Bay $3,691 $12,000 $12,500 5 30 -03, T30S, R29W Larsen Bay $3,176 $5,500 $10,000 6 36 -01, T30S, R29W Amook Island $3,580 $15,700 $15,000 7 1 -01, T31S, R29W Amook Island $4,219 $14,500 $15,000 8 31 -01, T30S, R28W Amook Island $3,309 $18,000 $15,000 9 14 -05, T31S, R29W Amook Island $857 $2,500 $2,000 10 32 -05, T30S, R29W Amook Island $1,042 $5,600 $5,700 11 12 -03, T31S, R29W Amook Island $1,233 $14,000 $10,000 12 36- 02,T31S, R29W Amook Island $1,573 $14,000 $15,000 13 30 -04, T30S, R29W Larsen Bay $1,640 $27,000 $16,000 1 1 I MacSwain Associates I Discussion of KW Sales at Public Auction management diverges from current policies, than enforcement of Section 22(g) may cause an adverse market- effect. Regarding buyer profile, they felt the out -of -state buyer was diminishing, while locals and owners of other shareholder parcels were increasing. Finally, the brokers indicated Uyak Bay/Zachar Bay is an affordable market that attracts buyers, but limited sale activity is the rule. A KIB public auction held October 22, 2005 (after valuation date) that sold foreclosed parcels for failure to pay property taxes exemplifies the Uyak Bay/Zachar Bay market. The auction offered 13 shareholder parcels located proximate to Larsen Bay or fronting Amook Island. Some 60 days prior to the auction, the KIB advertised property details and purchase terms in the local paper, placed bulletins throughout Kodiak and rural communities, and published a handout available at the borough office. According to KIB staff, the offering stimulated strong interest before the auction The auction itself attracted 77 bids with multiple offerings received for each parcel. A sales summary of KIB foreclosed parcels follows. Table 3: Summary of KIB Sales of Foreclosed Parcels Although public auctions of foreclosed properties often produce non- market price indicators, we consider these transactions credible evidence of market behavior. More importantly, private sector 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 21 a 1 I MacSwain Associates Conclusion of Uyak Bay/Zachar Bay Market Analysis behavior supports the sale price of the KIB parcels. Interestingly, a buyer majority owned other non - contiguous shareholder parcels and was familiar with the physical character of their acquired parcel. While the KIB would finance purchases with a premium added to the high bid price, the buyers choose to pay cash. Thus, all sales reflect a cash equivalent price. The transformation of the Uyak Bay/Zachar Bay market continues to evolve in its growth stage. We anticipate recreation use and cabin development to increase, although the pace of the past few years will decline with absorption of available land. Moreover, we project the near -term price of land to remain stable, but forecast the dynamics of declining inventory to eventually trend prices upward. Finally, we expect the Uyak Bay/Zachar Bay market district to lead market activity for remote Kodiak land because of its relatively low price structure as well as the proximity of Larsen Bay transport infrastructure. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 22 i 1 1 'MacSwain Associates I Overview Sales Comparison Methodology Chapter 6: Land Valuation — Sales Comparison Approach This chapter analyzes similar land sales and makes comparisons to the appraised parcel. We found sufficient sale activity in the Uyak Bay/Zachar Bay market district to perform a credible analysis. The sales analyzed are part of the Larsen Bay disposal program that conveyed 10 -acre parcels to eligible shareholders in 1990. Because several of the sales are located outside of KNWR boundaries, they are exempt from the provisions of Section 22(g) of ANSCA. However, our analysis determined this entitlement restriction has no measurable affect on price behavior. We compare the sales on a price per site basis and make qualitative adjustments for differences in physical character. An explanation of the sales comparison methodology follows. The sales comparison approach is a market -based analysis premised on the price paid for remote recreation parcels that offers similar legal, physical, and economic character as subject. Our land sales search focused on the Uyak Bay/Zachar Bay market district because available supply and price behavior tend to differ from other remote Kodiak districts. Furthermore, we found sufficient sale activity to perform a reliable analysis without having to measure location and size differences. Thus, the principal comparative element is physical characteristics. Since May 2002, we collected 14 land sales involving 10 -acre shareholder parcels that sold for $10,000 to $35,000 (average price $16,932)6 We also analyzed a 1999 sale located proximate to the subject parcel as secondary market support. Although we do not rely upon all these sales to value the subject, our scope of work included a preliminary analysis. Regarding the comparative analysis, we use qualitative adjustments to measure differences between the sales and appraised parcel. Known as a relative comparison analysis, this technique represents a study of market relationships without recourse to quantification. By analyzing and interpreting market behavior, we rate the various elements of comparison that influence price as superior, inferior, or similar. This adjustment technique is particularly useful in analyzing the comparable sales because of interrelationships between physical characteristics. 6 The sale data includes six transactions sold by the KIB at public auction for failure to pay property taxes in October 2005 (after date of value). 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 23 I MacSwain Associates I Analysis of Elements of Comparison The relative comparison grid that faces page 30 summarizes the ratings of the primary land sales to Tract 183. The first step of the valuation process is to ascertain what comparative elements cause price to vary. We determined physical characteristics, i.e., access, shoreline profile, anchorage potential, topography, and anadromous stream, have the greatest influence on price Importantly, sale data indicates the provisions of Section 22(g) of ANCSA have no measurable affect on market behavior. Moreover, analysis indicates stable market conditions characterize the Uyak Bay/Zachar Bay district. An explanation of the physical characteristics that influence price follows. Physical Characteristics Adjustment As stated, access, shoreline profile, anchorage potential, topography, and anadromous stream are physical factors that cause price to vary. Importantly, interrelationships betweens these physical features make it difficult to measure or quantify price differential. For example, parcels with access limitations are often the result of shoreline profile and exposure to prevailing weather and seas that restrict anchorage. Thus, we measure physical differences by a qualitative rating of inferior, similar, or superior. Access Comparisons: The comparable sales as well as the subject parcel are floatplane or boat accessible. However, parcels that are accessible during all tide intervals are superior to those afflicted by tidal constraints. Similar analysis applies to parcels protected from prevailing weather and seas versus those with direct exposure. Shoreline profile, which varies from a level direct -entry shorefront to high -bank rock outcroppings, also affects the access rating. Based on these physical influences, analysis indicates Land Sale Nos. 1, 2, 3, and 5 have inferior access when compared to Tract 183. Shoreline Profile Comparisons: The profile of the shoreline meander is an important physical feature, but it also has a direct relationship with access. Although we rate the shoreline profile of each comparable to the subject, avoiding redundant adjustments is essential to a credible analysis Analysis indicates Land Sale Nos. 1 and 3 are inferior to Tract 183. Anchorage Comparisons: Regarding anchorage potential, we rate each comparable to the subject by weighing their exposure to prevailing weather and seas, presence of offshore navigation hazards, 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 24 1 I MacSwain Associates I Analysis of Primary Land Sales and water depth at low tide Analysis indicates the anchorage potential of Land Sale Nos. 2, 3, 5, and 6 is inferior to the Tract 183. Topography Comparisons: Near -shore topography has the greatest affect on price behavior because it affects upland utility, particularly for recreation use. Parcels with steep near -shore topography are inferior to those afforded level to modest slope. Although parcels with level or undulating topography are the most desirable, we found no measurable difference between parcels with steep inland topography contiguous to functional near -shore terrain. Based on these physical influences, we rate the topography of Land Sale Nos. 2, 3, and 5 as inferior to Tract 183 Anadromous Stream Comparisons: The presence of andromous stream enhances recreation opportunities as well as provides a source of freshwater. Land Sale No. 1 is located within Browns Lagoon, which feeds into an andromous stream that spawns several salmon species and attracts wildlife. Browns Lagoon distinguishes itself as a prime location of the Uyak Bay/Zachar Bay market district because of its recreation amenities. Therefore, we adjust Land Sale No. 1 downward for the presence of anadromous stream. We rely upon six primary land sales in our analysis and employ price per site as the unit of comparison. Table 4 on the following page provides a summary analysis of the sales compared to Tract 183 with the facing map depicting their location. Enclosed in the addenda are additional sale details and aerial photograph. Our analysis of each land sale concludes with an overall rating of inferior, superior, or similar. 1 Land Sale No.1 Discussion and Analysis: This sale is located within the protected waters of Browns Lagoon about four miles south of the subject parcel. An anadromous stream that meanders into the head of the lagoon represents a recreation benefit. Although a majority of the shoreline consists of rock outcroppings, a narrow direct -entry pocket facilitates upland access. Moreover, low -tide intervals allow access to the intertidal shore. A modest slope and dense vegetation growth characterize parcel terrain While we consider this sale an arm's Length transaction, the price paid is 65- percent greater than any other known purchase of a shareholder parcel in the past 10 years. FWS did not exercise the first right of refusal clause because they felt the purchase price exceeded market value. Since neither buyer nor seller 051279: Kodiak Island Borough Property, l0 -Acre Parcel, Zachar Bay, Kodiak Island 25 j 1 I MacSwain Associates I 1 2 3 4 5 6 7 8 9 10 Primary Land Sales Appraised Parcel - Tract 183 Secondary Land Sales Section I, T3IS, R29W Tax Lot 1 -01, W. shore of Amook Island, Uyak Bay Section 36, T30S, R29W, Tax Lot 36 -01, W. shore of Amook Island, Uyak Bay Section 36, T30S, R29W, Tax Lot 36 -02, W. shore of Amook Island, Uyak Bay would discuss their reasoning or motivation, we give less emphasis to this sale in the reconciliation. Comparative Analysis: We rate access as inferior to the subject because of the high -bank profile comprised of rock cropping that characterizes most of the shoreline. In contrast, the presence of an anadromous stream is a major superiority. Although visual topographical differences prevail, we do not make an adjustment for this physical feature. After analysis, we rate Land Sale No. 1 as superior to Tract 183. Table 4: Summary Analysis of Primary Land Sales No Identification/Location Date Sale Price Acres II Price/Site II Section 22(g) 1 Section 5, T31S, R28W Tax Lot 5 -03, E. 1/03 $35,000 9.57 shore Browns Lagoon, Uyak Bay Section 25, T305, R29W, Tax Lot 25 -04, 9/03 $10,000 9.80 W. shore of Amook Island, Uyak Bay Section 36, T31S, R29W, Tax Lot 36 -04, 5/02 $10,000 9.00 W. shore of Amook Island, Uyak Bay Section 28, T30S, R28W, Tax Lot 26 -06, 3/04 $20,000 10.00 W. shore of Zachar Bay Section 36, T31S, R29W, Tax Lot 36 -03, 6/05 $15,000 10.00 W. shore of Amook Island, Uyak Bay Section 31, T30S, R28W, Tax Lot 31 -01, 10/05 $18,000 10.00 E. shore of Amook Island, Uyak Bay NA NA 10.00 Section 18, T30S, R28W, Tax Lot 18 -03, 7/99 $15,000 10.00 E. shore of Uyak Bay, SW of Carlsen Point 10/05 $14,500 10.00 10/05 $ 15,700 10.00 10/05 $14,000 10.00 $35,000 $10,000 $10,000 $20,000 $15,000 $18,000 I NA I $15,000 $14,500 $15,700 $14,000 7 Indicated sale price excludes the value contribution of a 15 -foot diameter geo- dome, shed, and outhouse that improves the parcel. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 26 No No Yes No No Yes Yes No No No 1 1 I MacSwain Associates I Land Sale No. 2 Discussion and Analysis: This sale is located on the north end of Amook Island approximately two miles southwest of the subject parcel. While a majority of the shoreline has a direct -entry profile, terrain slopes steeply from the mean high water line. Furthermore, shore exposure to prevailing Uyak Bay weather and seas affects access and restricts anchorage potential. Although recreation development is possible, steep topography diminishes utility. Listed for $15,000 in August 2002, the parcel sold 14 months later to the adjacent landowner. The broker stated the listing generated several inquires, but no serious offers before purchase by the adjacent landowner. Comparative Analysis: Parcel access, anchorage potential, and topography are inferior physical factors that require adjustment. By comparison, we rate Land Sale No. 2 as inferior to the Tract 183 and make a relatively large upward adjustment on a qualitative basis. Land Sale No. 3 Discussion and Analysis: This parcel fronts the west shore of Amook Island, near the south end of the island, some eight miles southwest of the subject parcel. Although the south end of Amook Island offers greater protection from prevailing weather and seas, this location does rate as a high quality anchorage. We observed a narrow shoreline segment with a direct -entry profile that represents the most probable access point. Terrain above the shoreline meander, which is primarily rock outcroppings, has a moderate to steep slope and dense vegetation growth. While topography constrains recreation development, it does not change potential use. Listed for $15,000 by a knowledgeable Kodiak broker, the parcel sold after eight months of market exposure. The selling broker expressed the opinion that the asking price was high relative to the parcel's physical features. Comparative Analysis: Access, shoreline profile, anchorage potential, and topography are inferior physical factors that require upward adjustment. After analysis, we rate Land Sale No. 3 as inferior to Tract 183 and make a relatively large upward adjustment on a qualitative basis. Land Sale No. 4 Discussion and Analysis: This sale fronts the west shore of Zachar Bay approximately two miles southeast of the subject parcel. Before performing our analysis of physical factors, we adjust this sale downward for a 15 -foot diameter metal -framed geo -dome, small shed, 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 27 d I MacSwain Associates and outhouse. We inspected the geo -dome during a previous engagement in 1998 as well as obtained cost data. The seller and his brother manufactured the geo -dome in Kodiak and had an unassembled base price of $2,500. Assemblage cost estimate was $1,000±, while transport to Uyak Bay was approximately $1,500. Moreover, the geo -dome has propane -fired lamps, stove, and heater that cost an additional $1,000± (includes small shed housing propane tanks). Before ceasing business operations in 2002, the base price of geo -dome had increased to $3,500. Thus, we estimate the total cost new, including the outhouse, effective the date of sale is less than $8,000. Applying a 25 to 35- percent depreciation rate develops a contributory improvement value ranging from $5,200 to $6,000. Discussions with the buyer tend to support the preceding cost analysis. Specifically, the buyer stated the improvements were worth approximately $5,000 based on their intended use. After analysis, we make a $5,000 downward adjustment for improvements, indicating a land value of $20,000. The parcel has a distinct direct -entry shoreline pocket that facilitates marine access without restraint. Offshore anchorage is possible during prevailing weather and seas. Moreover, just south of the parcel is a small cove that provides protected anchorage. Near -shore terrain has a gentle slope while the west half ascends to 150 feet in elevation. A majority of the parcel has a dense growth of indigenous shrubs and trees, although sparse vegetation characterizes land contiguous to the shoreline. We observed several parcel areas suitable for recreation development. The seller acquired the parcel in 1995 for $11,000, manufactured the geo -dome in Kodiak, and assembled it on -site in 1998. Construction of the shed and outhouse occurred in 2003. Including seller's labor, the total capital invested in the parcel was less than $20,000. Listed at $35,000 by a knowledgeable Kodiak broker, the parcel sold within a two -month period. The broker felt past market activity in the Uyak BaylZachar Bay district supported the sale price. Comparative Analysis: We rate access, shoreline profile, and anchorage potential as generally similar to subject. While topographical differences are visually apparent, parcel utility for recreation purposes is generally similar. After analysis, we found no measurable difference between the physical character of the comparable and subject. Thus, we rate Land Sale No. 4 as similar to Tract 183. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 28 I MacSwain Associates I Land Sale No. 5 Discussion and Analysis: This sale is located near the south end of Amook Island afforded frontage on the west shore about 8.5 miles southwest of the subject parcel. The shoreline extends over 1,000 feet characterized by several jutting rock outcroppings between direct -entry pockets. While the south end of Amook Island offers anchorage opportunities during certain weather and seas, this location does not rate as protected offshore water. Topography near the shoreline meander ranges from a modest the moderate slope. In contrast, the east half of the parcel has a steep slope Importantly, we observed several near -shore land areas suitable for recreation development. Exposed to the market since May 2002, the broker stated the listing generated casual interest until she lowered the price to $15,000. Comparative Analysis: We rate access and anchorage potential as inferior to the subject because of shoreline exposure. Moreover, we consider topographical features an inferior physical feature, although the affect on recreation utility is marginal. After analysis, we adjust Land Sale No. 5 upward the achieve conformity with Tract 183. Land Sale No. 6 Discussion and Analysis: This sale occupies a small peninsula that extends off the east shore of Amook Island about 2.5 miles south of the subject parcel. Located about 1.5 miles north of Browns Lagoon, the southeast parcel shore provides protection from prevailing weather and seas. Furthermore, a majority of the shoreline offers a direct -entry profile that enhances access opportunities. Undulating terrain and sparse to moderate vegetation characterize the parcel. This transaction is part of the KIB public auction held in October 2005 (detailed discussion in Chapter 5). Significantly, the KIB received five qualified bids with the highest submitted by owners of other shareholder parcels located in the Uyak Bay/Zachar Bay market district. Since the sale date occurred after the date of value, we give less emphasis to this transaction in the reconciliation. However, the sale price supports other purchases afforded similar physical character. Comparative Analysis: We rate access and shoreline profile as generally similar to the subject. While anchorage potential is good, analysis indicates it is inferior to the protected offshore waters afforded the subject. By comparison, we consider the physical character of Land Sale No. 6 is marginally inferior to Tract 183. Thus, the net adjustment to the comparable is upward and relatively small. 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 29 I MacSwain Associates I Reconciliation and Conclusion of Value We rely upon six primary land sales to estimate the value of Tract 183. In addition, we analyze four other shareholder parcel sales as secondary market support. The facing adjustment grid summarizes the foregoing comparative analysis. Before comparisons, the primary land sales indicate a price range of $10,000 to $35,000. After qualitative adjustments for physical differences, the range tightens to a value greater than $18,000 but less than or equal to $20,000. We give less emphasis to Land Sale Nos. 1 and 6 in the reconciliation process. Conversely, we emphasize Land Sale Nos. 4 and 5. After analysis, we estimate a value of $20,000 for Tract 18. Based on the preceding data, reasoning, and analysis, we estimate the market value of Tract 183, as of October 7, 2005, is $20,000. I Market Value of Tract 183 $20,000 I 051279: Kodiak Island Borough Property, 10 -Acre Parcel, Zachar Bay, Kodiak Island 30 I (MacSwain Associates Comparable Land Sale No. 1 Location: Legal Description: Grantor: Grantee: Sale Date: Sale Price: Cash Equivalent Price: Terms: Land Area: Zoning: Access: East shore of Browns Lagoon, east shore of Uyak Bay, west side of Kodiak Island, 6± miles southeast of Larsen Bay, Alaska Fractional N2NW4SE4, Section 5, T31S, R28W, SM, Kodiak Recording District Marina R. Katelnikoff Ed Kneeland 1/03 $35,000 $35.000 Cash 9.57 acres Conservation (C) Floatplane or boat to public access easement Section 22(g) ANSCA Instrument: Document No: Data Source: Confirmed By: Property Rights: Utilities: Use at Sale: Intended Use: None Vacant Recreation Easements/Restrictions: Property Description: This 9.57 -acre parcel is located in the protected waters of Browns Lagoon that provides reliable anchorage An anadromous stream that meanders into the head of the lagoon enhances recreation opportunities and represents a freshwater source. Although a majority of the shoreline consists of rock outcroppings, a direct -entry pocket allows marine access during high tide intervals. Upland terrain has dense vegetation cover and a modest slope. Property Analysis: FWS declined to exercise its first right -of- refusal because the purchase price exceeded their estimate of market parameters. Neither buyer nor seller would discuss sale terms or their motivation. Highest & Best Use: Recreation Statutory Warranty Deed 2003- 001889 -0 Purchase agreement, Rick Johnson Dan Shantz Surface estate Price Analysis 535,000 - 9.57 Acres = $35,000 /Site I MacSwain Associates Comparable Land Sale No. 2 Location: Legal Description: Grantor: Grantee: Sale Date: Sale Price: Cash Equivalent Price: Terms: West shore of Amook Island, 1t mile south of the north tip, Uyak Bay, west side of Kodiak Island, 4t miles east of Larsen Bay, Alaska Fractional N /2SW4SW4, Section 25, T30S, R29W, SM, Kodiak Recording District Mary A. Aga - McCormick & Estate of Jacob Aga David and Sherry Harmes 9/03 $10,000 $10,000 Cash 9.80 acres Conservation (C) Floatplane or boat None known Instrument: Document No: Data Source: Confirmed By: Property Rights: Land Area: Zoning: Access: Easements/Restrictions: Property Description: This 9.80 -acre parcel is located just south of a distinct point extending from the west shore of Amook Island. However, shoreline exposure to prevailing weather and seas restricts access and anchorage potential. While most of the shoreline has a direct -entry profile, upland terrain slopes steeply from the mean high tide level. Thus, topographical profile diminishes recreation utility. Property Analysis: The buyer, who is the adjacent landowner, initially offered to purchase the parcel in 1998 for $10,000, while the seller stood firm at their $15,000 asking price. In 2002, a Kodiak broker listed the parcel for $15,000. After 14 months on the market and no serious offers, negotiations with the adjacent landowner resumed. Utilities: Use at Sale: Intended Use: Highest & Best Use: Statutory Warranty Deed 2003 - 003479 -0 David Harmes, Broker Dan Shantz Surface estate None Vacant Recreation Recreation Price Analysis $10,000 - 9.80 Acres = $10,000 /Site I MacSwain Associates' Comparable Land Sale No. 3 Location: Legal Description: West shore of Amook Island, 1.5± miles northwest of the south end, Uyak Bay, west side of Kodiak Island, 8± miles southeast of Larsen Bay, Alaska Fractional SW4SE4NW4, Section 36, T31S, R29W, SM, Kodiak Recording District Grantor: Grantee: Sale Date: Sale Price: Cash Equivalent Price: Terms: Bob R. & Carey Jo Overton Sarah Blondin 5/02 $10,000 $10,000 Cash Instrument: Document No: Data Source: Confirmed By: Property Rights: Statutory Warranty Deed 2002- 002734 -0 Sarah Blondin, Broker Dan Shantz Surface estate Land Area: Zoning: Access: Easements/Restrictions: Property Description: This 9.00 -acre parcel is located at the south end of Amook Island afforded adequate protection from prevailing weather and seas However, offshore waters do not provide quality anchorage. A narrow shoreline segment with a direct -entry profile near the north boundary permits access. The remainder shoreline consists of rock outcroppings. Upland terrain has a moderate to steep slope with dense vegetation cover. Property Analysis: Listed for $15,000, a Kodiak broker sold the parcel after an eight -month marketing period. 9.00 acres Conservation (C) Floatplane or boat None known Utilities: Use at Sale: Intended Use: Highest & Best Use: None Vacant Recreation Recreation Price Analysis $10,000 9.00 Acres = $10,000 /Site N I MacSwain Associates Comparable Land Sale No. 4 Location: Legal Description: Grantor: Grantee: Sale Date: Sale Price: Cash Equivalent Price: Terms: West shore of Zachar Bay, 2± miles south of the mouth, west side of Kodiak Island, 7± miles east of Larsen Bay, Alaska Fractional NW4NW4NW4, Section 28, T30S „R28W, SM, Kodiak Recording District Keith Alan Organ Norman L. & Jonathan L. Botz 3/04 $25,000 (includes $5,000 of improvements) $25,000 Cash 10.00 acres Conservation (C) Floatplane or boat Section 22(g) ANSCA Instrument: Document No: Data Source: Confirmed By: Property Rights: Utilities: Use at Sale: Intended Use: Highest & Best Use: Statutory Warranty Deed 2004 - 000599 -0 Norm Botz, Broker Dan Shantz Surface estate Land Area: Zoning: Access: Easements/Restrictions: Property Description: Improved with a 15 -foot diameter geo -dome, this 10.00 -acre parcel fronts a small cove off the west shore of Zachar Bay. A distinct direct -entry shoreline pocket facilitates access, although offshore navigation hazards exist. While offshore anchorage is possible during prevailing weather and seas, waters just south offer better protection. Near - shore terrain has a gentle slope, but inland topography ascends rather steeply. Property Analysis: The estimated value contribution of the improvements, which also includes a small shed and outhouse, is $5,000. Thus, the indicated land value is $20,000. Listed for $35,000, a Kodiak broker sold the parcel after a two -month marketing period. FWS was considering purchase of the parcel, but consummation of this sale occurred before they made a decision. Research indicates the seller acquired the parcel in 1995 for $11,000 cash None Recreation cabin Recreation Recreation Price Analysis $20,000 - 10.00 Acres = $20,000 /Site I MacSwain Associates' Comparable Land Sale No. 5 Location: Legal Description: Grantor: Grantee: Sale Date: Sale Price: Cash Equivalent Price: Terms: West shore of Amook Island, 1.25± miles northwest of the south end, Uyak Bay, west side of Kodiak Island, 8± miles southeast of Larsen Bay, Alaska W2SW4NW4SE4 and Fractional SE4NE4WE4, Section 36, T31S, R29W, SM, Kodiak Recording District Linda D. Bork Kenneth J. Desjarlais & Annie M. Luck 6/05 $15,000 $15,000 Cash Land Area: Zoning: Access: Easements/Restrictions: Property Description: This 10.00 -acre parcel is located near the south end of Amook Island, which offers adequate protection from prevailing weather and seas. However, offshore waters do not provide quality anchorage. Jutting rock outcropping characterize the shoreline meander, although direct -entry pockets allow access to upland terrain. Near -shore topography has a modest to moderate slope, which provides adequate utility for recreation use. Property Analysis: Listed in May 2002 for $18,000, the broker stated the parcel generated limited market interest until 2004 when she lowered the asking price to $15,000. 10.00 acres Conservation (C) Floatpiane or boat None known Instrument: Statutory Warranty Deed Document No: 2005- 001858 -0 Data Source: Broker Confirmed By: Dan Shantz Property Rights: Surface estate Utilities: Use at Sale: Intended Use: Highest & Best Use: None Vacant Recreation Recreation Price Analysis $15,000 - 10.00 Acres = $15,000 /Site a I MacSwain Associates' Comparable Land Sale No. 6 Location: Legal Description: Grantor: Grantee: Sale Date: Sale Price: Cash Equivalent Price: Terms: East shore of Amook Island, north end of the island, Uyak Bay, west side of Kodiak Island, 5± miles east of Larsen Bay, Alaska Government Lot 4, except west 625 feet, Section 31, T30S, R28W, SM, Kodiak Recording District Kodiak Island Borough G. Steele Davis & John Sarvis 10/05 $18,000 $18,000 Cash Land Area: Zoning: Access: Easements/Restrictions: Property Description: This 10.00 -acre parcel occupies a small northerly extending peninsula fronting the east shore of Amook Island some 1.5± miles north of Browns Lagoon. The southeast shore provides protection from prevailing seas and weather. Moreover, the shoreline meander has direct -entry segments that facilitate access from different directions. A majority of the upland terrain is undulating with a relatively sparse vegetation cover. Property Analysis: Parcel is part of a KIIB public auction that sold lands acquired through foreclosure in lieu of property tax payment. Advertised 60± days prior to the auction, this parcel received five qualified bids with the highest from another Uyak Bay/Zachar Bay landowner. This transaction is an arm's length sale. 10.00 acres Conservation (C) Floatplane or boat None known Instrument: Document No: Data Source: Confirmed By: Property Rights: Utilities: Use at Sale: Intended Use: Highest & Best Use: Quitclaim Deed 2006- 000122 -0 KIB, John Sarvis Dan Shantz Surface estate None Vacant Recreation Recreation Price Analysis $18,000 - 10.00 Acres = $18,000 /Site